Whittaker v. Ferguson
Utah Supreme Court
Appeal from tbe Fourth district court, Utah county. W. N. Dusenberry, Judge. Action by Isaac N. Whittaker against William Ferguson to recover damages for removal of a fence. From a judgment for defendant, plaintiff appeals.
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Appeal from tbe Fourth district court, Utah county. W. N. Dusenberry, Judge. Action by Isaac N. Whittaker against William Ferguson to recover damages for removal of a fence. From a judgment for defendant, plaintiff appeals. On the question of prescription the following cases are cited: Elliot on Eoads and Streets, p. 137; Quinn v. Anderson, 11 Pac. 746; Shellhouse v. State, 11 N. E. 484; Smith v. Smith, 8 Pac. 385; Harding v. Jasper, 14 Cal. 651; Graham v. Hartnell, 7 N. W. 280; State v. Horn, 12 Pac. U8.
1Opinion of the Court
Bartch, J.:
This action was brought to recover damages from the defendant, who was road supervisor of a certain district in Utah county, for removing fences which the plaintiff had erected across a road; the defendant claiming that the road was a public highway. The cause was tried by the court without a jury, and decided in favor of the defendant.
The decisive question on this appeal is whether the road in dispute is a public highway. Counsel for the appellant, *242inter alia, insists that it was never dedicated as such to public use. The court, among other things, found that from the year 1884…
2Cases cited5 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Nelson v. Southern Pacifc Co.Utah Supreme Court · 1897
- Wilson v. HullUtah Supreme Court · 1890
- Bacon v. ThorntonUtah Supreme Court · 1897
3Cited by19 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- City of Palmetto v. KatschSupreme Court of Florida · 1923
- Morris v. BluntUtah Supreme Court · 1916
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1898
- Palombi v. D & C BUILDERSUtah Supreme Court · 1969
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