North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.
Utah Supreme Court
Appeal from tbe Third District Court Salt Lake County. — ■ Hon. Ogden Hiles, Judge. Action by way of a supplemental complaint in an injunction proceeding wherein the equitable issues were first tried and determined in plaintiffs favor for the purpose of obtaining damages. From a judgment for plaintiff defendants appealed.
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Appeal from tbe Third District Court Salt Lake County. — ■ Hon. Ogden Hiles, Judge. Action by way of a supplemental complaint in an injunction proceeding wherein the equitable issues were first tried and determined in plaintiffs favor for the purpose of obtaining damages. From a judgment for plaintiff defendants appealed. The decree entered June 20, 1898, upon the remittitur from this court, was the final decree in this case, and, by its execution, the plaintiff waived all right to damages; “All damages that are the natural and necessary consequences of a nuisance may be recovered in a…
1Opinion of the Court
PER CURIAM.:
The original action upon which these proceedings are predicated was commenced in November 1895, wherein the plaintiff claimed the ownership of certain dams, flumes, ditches, water rights, and water and that the defendants had deprived it of the use and enjoyment of the same since 1892, and still deprived it of the use and enjoyment of its property, and prayed for an injunction and for damages. The equitable issues, only, arising under the complaint, were tried in the court below, and the question of damages was expressly *204reserved for bearing after tbe determination of tbe…
2Cases cited6 opinions
- Aldrich v. PalmerCalifornia Supreme Court · 1864
- Johnson v. McKeeMichigan Supreme Court · 1873
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1898
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Handforth v. MaynardMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lester v. Highland Boy Gold Mining Co.Utah Supreme Court · 1904
- Wasatch Oil Refining Co. v. Wade, JudgeUtah Supreme Court · 1936
- McKinney v. CarsonUtah Supreme Court · 1909
- Anderson v. JensenUtah Supreme Court · 1928
- Salt Lake City Corp. v. Utah Wool Pulling Co.Utah Supreme Court · 1977
3 more not listed; retrieve them via the Exa API.