Peterson v. Bean
Utah Supreme Court
Appeal from the Sixth District Court, Sevier County. Hon. W. M. McCarty, Judge. Action for damages for trespass, and for a perpetual injunction, restraining defendant from entering upon plaintiff’s land and constructing a ditch thereon. From a judgment for plaintiff defendant appealed.
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Appeal from the Sixth District Court, Sevier County. Hon. W. M. McCarty, Judge. Action for damages for trespass, and for a perpetual injunction, restraining defendant from entering upon plaintiff’s land and constructing a ditch thereon. From a judgment for plaintiff defendant appealed. “Questions analogous to this one have frequently been before the courts, they have usually arisen over the construction of statutes authorizing the condemnation of property for railroad purposes, and the uniform holdings have been that when the terms of the statute have been general; that is simply authorizing…
1Opinion of the CourtBaskin, J.
The answer does not cleny that the plaintiff was the owner and in possession of the premises described in the complaint, and not having done so plaintiff’s ownership and possession of said premises are admitted by the defendant.
The denial in the answer that the defendant wrongfully or forcibly committed the acts of trespass alleged in the complaint, except as thereinafter stated, is an admission of the facts so alleged. Podlech v. Phelan, 13 Utah, 333; Long v. Neville, 36 Cal. 546; Levison v. Schwartz, 22 Cal. 230; Larney v. Mooney, 30 Cal. 610; Salmon v. Olds and King, 9 Ore. 488.
The alleged…
2Cases cited4 opinions
- National Fire Insurance Company v. . McKayNew York Court of Appeals · 1860
- Braly v. SeamanCalifornia Supreme Court · 1866
- Salmon v. Olds & KingOregon Supreme Court · 1881
- Podlech v. PhelanUtah Supreme Court · 1896
3Cited by4 opinions
- Davis v. MialSupreme Court of New Jersey · 1914
- Workman Motor Co. v. Pacific Finance Corp.Utah Supreme Court · 1933
- Doelle v. Mountain States Telephone & TelegraphCourt of Appeals for the Tenth Circuit · 1989
- Doelle v. Mountain States Telephone & TelegraphCourt of Appeals for the Tenth Circuit · 1989