Moyle v. Salt Lake City

LARSON, Chief Justice.

This case came to the writer on reassignment.

Plaintiffs recovered a judgment against defendant for the use of water owned by plaintiffs, but taken and withheld from them by defendant. From this judgment defendant appeals, assigning 25 asserted errors as grounds for reversal. The assignments however present only two questions for consideration of this court.

1. Does plaintiffs’ complaint state a cause of action?

2. If plaintiffs are entitled to recover what is the proper measure of damage?

A proper consideration of these questions impels an understanding of the background…