Whitmeyer v. Salt Lake & O. Ry. Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. .J. A. Howell, Judge. Action by George A. Whitmeyer against the Salt Lake & Ogden Railway Company. Judgment refusing an injunction. Plaintiff appeals.
1Opinion of the CourtStraup, C. J.
The defendant is a common carrier of passengers and freight operating an electric railway from Salt Lake City to Ogden. It was engaged in constructing and laying a spur track along or across a public street in Ogden running from its main line to its car barns. The plaintiff owns a lot with a building on it near the street. He brought this action to enjoin the defendant from pccupying the street and from constructing and laying the track. The court refused the injunction, and the plaintiff appeals.
The court found:
That the defendant is a common carrier, and that the plaintiff owns property in…
2Cases cited2 opinions
- Stockdale v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Cereghino v. Oregon Short Line RailroadUtah Supreme Court · 1903