Hjorth v. Whittenburg

CROCKETT, Justice.

The question here involved is: Where the Utah State Road Commissioners acted in good faith to improve a highway, are they personally liable for consequential damages to adjacent property? We hold they are not.

In connection with certain improvements and changes in Highway U. S. 89, the grade of the road in front of the plaintiffs’ properties just south of Mapleton, Utah County, was raised substantially above the level of the contiguous ground ranging from zero to as much as four feet in one area. Where any of the property of adjoining landowners was actually taken in the…