The Iron Silver Mining Company v. Mike and Starr Gold and Silver Mining Company case in 1891 revolved around a dispute over mining rights in Colorado. The Iron Silver Mining Co., which had been operating on a certain vein of ore, claimed that the Mike & Starr Gold & Silver Mining Co. was infringing upon their property by extracting from the same vein through an adjoining mine. The Supreme Court ruled in favor of Mike and Starr, stating that under U.S law, ownership of a mineral deposit extends vertically downward along its entire course beneath the surface regardless if it crosses into another's property boundaries underground (the apex rule). Therefore, as long as they accessed this vein from within their own vertical space without physically trespassing onto Iron’s land above ground level, they were not violating any laws or rights.

In the dissenting opinion for Iron Silver Mining Company v. Mike and Starr Gold and Silver Mining Company, Justice Bradley argued that the majority's decision was inconsistent with previous rulings on mining law. He contended that a miner who discovers a vein of ore should have exclusive rights to it, even if it extends into another person's claim below ground level. This principle, he said, had been established in earlier cases such as Eureka Case (1878) and upheld by Congress in its 1872 mining act. Therefore, he disagreed with the majority’s ruling which granted ownership based on surface boundaries rather than underground discoveries. In his view this would discourage miners from investing time and resources into exploration since they could not be assured of reaping all potential benefits from their efforts.