Cereghino v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the Tbird District Court, Salt Labe County.-How. W. G.Ball, Judge. Action to obtain a permanent injunction against tbe. defendant railroad company to prevent tbe construction and operation of a switch track in front of tbe plaintiff’s premises in Salt Lake City. Prom a judgment in favor of tbe defendants, tbe plaintiff appealed.
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Appeal from the Tbird District Court, Salt Labe County.-How. W. G.Ball, Judge. Action to obtain a permanent injunction against tbe. defendant railroad company to prevent tbe construction and operation of a switch track in front of tbe plaintiff’s premises in Salt Lake City. Prom a judgment in favor of tbe defendants, tbe plaintiff appealed. Tbe city council bad no, delegated power to grant a franchise to burden tbe street of tbe municipality with a switch to be operated as a steam railway for the private purposes of a private corporation. While tbe power to authorize obstructions may be…
1Opinion of the Court
McCARTY, J.,
after stating the facts delivered the opinion of the court.
There are two questions involved, which are decisive of this case. The first is, has a city council delegated power to grant a franchise which will burden the streets of a mur>;"''i;4v with a switch track to be operated by a steam railway exclusively for the convenience and private use of a private corporation, to the detriment of the citizens residing on such street, and damage to their property abutting thereon? And the second is, can a private citizen, whose property abuts upon the street where the switch is proposed to…
2Cases cited13 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Witsen v. GutmanCourt of Appeals of Maryland · 1894
- Railroad Co. v. Iron-WorksWest Virginia Supreme Court · 1888
- Wood v. MearsIndiana Supreme Court · 1859
- Townsend, Grace & Co. v. EpsteinCourt of Appeals of Maryland · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stockdale v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Bartlebaugh v. Pennsylvania Ry. Co.Ohio Court of Appeals · 1948
- Johnson v. Utah-Idaho Cent. Ry. Co.Utah Supreme Court · 1926
- Whitmeyer v. Salt Lake & O. Ry. Co.Utah Supreme Court · 1915