Legal Opinion

Salt Lake & U. R. v. Butterfield

Utah Supreme Court

Decided July 12, 1915No. 2717PublishedCited by 1 opinion

Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Condemnation by the Salt Lake & Utah Railroad Company against Almon T. Butterfield and another. Judgment of condemnation and damages. Plaintiff appeals.

1Opinion of the CourtFrick, J.

The plaintiff commenced this proceeding in the district court ■of Salt Lake County to condemn a right of way over defendant’s farm for railroad purposes. The evidence, in substance, shows that the defendant owns an irrigated farm of about ninety-two acres, and that the right of way in question runs through the same as indicated on the following plat:

*432

The farm is irrigated from the canal so marked on the plat which runs west of the strip condemned, and which strip is fifty feet in width, marked “R. R.” on the plat. It will be observed that the railroad runs somewhat diagonally through the farm,…

2Cases cited16 opinions

  1. Beveridge v. LewisCalifornia Supreme Court · 1902
  2. Travis County v. TrogdonTexas Supreme Court · 1895
  3. Forsyth v. WilcoxIndiana Supreme Court · 1895
  4. Kimball v. Salt Lake CityUtah Supreme Court · 1907
  5. Selma, Rome & Dalton Railroad v. KeithSupreme Court of Georgia · 1874

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3Cited by1 opinion

  1. Utah Department of Transportation v. Admiral Beverage Corp.Utah Supreme Court · 2011

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