Johnson v. Climax Molybdenum Co.

Defendant in error, to which we hereinafter refer as the petitioner, instituted the proceeding at bar under the Eminent Domain Act, to condemn a right of way, containing 3.4 acres of land, across certain mining claims belonging to plaintiffs in error (respondents) for a ditch to convey water for the use of petitioner’s employees and for its mining and milling operations. Coincidentally, in compliance with section 47, chapter 61, ’35 C.S.A., the petitioner obtained immediate possession of the right of way by making the statutory deposit in the sum of $119.00, the amount fixed by order of the…