Moyle v. Salt Lake City

WOLFE, Justice.

I dissent on the questions of damages and disposition of the case. On the other matters I concur. I think the judgment should be reserved and the case remanded for further proceedings in accordance with the principles hereinafter developed.

In approaching the problem of the measure of damages in a condemnation of water right as in all other condemnation cases regard must be had for the nature of the thing condemned. There are a number of decisions of this court represented by such cases as Shurtleff v. Salt Lake City, 1938, 96 Utah 21, 82 P. 2d 561, which indirectly assume that…