Salt Lake City v. Young
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. G. Loofbouroiu, Judge. Complaint by Salt Lake City against Seymour B. Young, Jr., for the violation of a city ordinance prohibiting the pollution of a stream. Complaint dismissed on defendant’s demurrer. Plaintiff appeals. APPELLANT’S POINTS. The Supreme Court of Utah has held that a right to pollute a stream cannot be acquired by prescription. (Joint Con. Irr.
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Appeal from District Court, Third District; Hon. F. G. Loofbouroiu, Judge. Complaint by Salt Lake City against Seymour B. Young, Jr., for the violation of a city ordinance prohibiting the pollution of a stream. Complaint dismissed on defendant’s demurrer. Plaintiff appeals. APPELLANT’S POINTS. The Supreme Court of Utah has held that a right to pollute a stream cannot be acquired by prescription. (Joint Con. Irr. Co. v. Utah & S. L. Camal, 16 Ut. 246.) No right to befoul a stream supplying water to the city can be acquired by prescription, after it begins to be devoted to such public use.…
1Opinion of the CourtFrick, J.
Salt Lake City, a municipal corporation, the appellant here, filed a complaint against the defendant, respondent here, charging him with having violated the provisions of the following municipal ordinance, to-wit:
“Sec. 821. It shall be unlawful for any person to construct or maintain any corral, sheep pen, pig pen, chicken coop, stable or other offensive yard or outhouse along any stream of water used by the inhabitants of Salt Lake City, anywhere within ten miles above the point where said stream is taken by said city, where the waste or drainage therefrom will naturally find its way into…
2Cases cited12 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- State v. GriffinSupreme Court of New Hampshire · 1896
- Ferguson v. Firmenich Manufacturing Co.Supreme Court of Iowa · 1889
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3Cited by7 opinions
- Colman v. Utah State Land BoardUtah Supreme Court · 1990
- Bountiful City v. De LucaUtah Supreme Court · 1930
- Bountiful City v. GranatoUtah Supreme Court · 1930
- Brown v. City of Cle ElumWashington Supreme Court · 1927
- Bountiful City v. De LucaUtah Supreme Court · 1930
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