Page:Federal Reporter, 1st Series, Volume 3.djvu/384

 KON SILVBB MININO CO. ». MCRPHT. 377' �defeated. That is not my view of the matter. In my view, if this should be no more than a wave in the limestone, and the terminal points of the ore within the plaintiff's location, the plaintiff might select any point as the apex of the vein from the bottom of the winzes to the highest point which they reach. In other words, the vein must proceed across and without the plaintiff's claim to the westward, in order to defeat the action upon the ground that the location is in the middle of the vein. �Of course, gentlemen, you will remember the evidence as to the shafts down the hill, and on that subject that may be considered in connection with the evidence in regard to these ■winzes. If you find it is a continuons body of ore, extending from the eastward, over the high point in the limestone and down to the west, beyond the plaintiff's location, it is enough. �The substance of these matters — ail that is very important for you to remember, gentlemen — is in this paper, and that- you will have in your retirement. There is one here, in the prayers of the defendants, that should be given: "If you should find for the plaintiffs, in any event you can only find for them to the extent of the top or the apex as developed in the Iron claim ; and in the verdict that you return, if it should be for the plaintiff, you will state the extent of the Iode to ■which the plaintiff is entitled." I think that was, by the àssumption of counsel, in some of their requests that were made, some 316 feet.- I suppose there is no objection to that being considered as the extent. �The jury retired, and after a short deliberation returned a verdict for the defendants. ����