Legal Opinion

Moapa Garden Co. v. San Pedro, L. A. & S. L. R.

Utah Supreme Court

Decided August 25, 1914No. 2636PublishedCited by 1 opinion

Appeal from District Court, Third District, Hon. T. D. Lewis, Judge. Action by the Moapa Garden Company against (he San Pedro, Los Angeles & Salt Lake Railroad Company and another. Judgment for defendants. Plaintiff appeals.

1Opinion of the CourtFrick, J.

This is an action to recover damages from the respondents for the alleged destruction of appellant’s growing crops. Two causes of action were stated in the complaint. Ifi the first one it was in substance alleged that the respondents made an opening in a certain fence through which certain range stock passed onto appellant’s land and there destroyed the crops growing thereon of the value of $2,000. In the second cause of action it is alleged that respondent, in constructing a certain railroad grade in the vicinity of appellant’s lands, “covered and destroyed the irrigation ditch conveying…

2Cases cited4 opinions

  1. Sellick v. De CarlowCalifornia Supreme Court · 1892
  2. Hotchkiss v. SmithCalifornia Supreme Court · 1895
  3. Smith v. NelsonUtah Supreme Court · 1901
  4. Stewart v. Oregon Short Line RailroadUtah Supreme Court · 1911

3Cited by1 opinion

  1. Coray v. Southern Pac. Co.Utah Supreme Court · 1947

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