Big Cottonwood Tanner Ditch Co. v. Moyle

WOLFE, Justice.

A petition for hearing has been filed in behalf of plaintiff below. Our original opinion in this case, 109 Utah 197, 159 P. 2d 596, reversed the judgment of the lower court and remanded the case with instructions to dissolve the injunction.

Mr. Justice Wade in the court’s original opinion of the case clearly stated the facts as follows:

“Plaintiff, respondent herein, an irrigation company, as the owner of easements for its ditches and canals which extended across tracts of land owned by defendants, appellants herein, brought this suit to enjoin the defendants from preventing it…