Legal Opinion

Welsh v. Lambert

Utah Supreme Court

Decided September 27, 1898PublishedCited by 3 opinions

Appeal from the Third District Court for Summit County. Hon. A. Q-. Norrell, Judge. Action by James Welsh against defendants to recover damages for the wrongful use and interference with the water of the South Fork of Weber river, and for a perpetual injunction restraining the defendants from obstructing, diverting or befouling waters of that stream above plaintiff’s mill. A verdict of “no cause of action” was returned and judgment for costs entered thereon.

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Appeal from the Third District Court for Summit County. Hon. A. Q-. Norrell, Judge. Action by James Welsh against defendants to recover damages for the wrongful use and interference with the water of the South Fork of Weber river, and for a perpetual injunction restraining the defendants from obstructing, diverting or befouling waters of that stream above plaintiff’s mill. A verdict of “no cause of action” was returned and judgment for costs entered thereon. Plaintiff moved to strike from files the cost bill and a “certain paper entitled judgment on verdict. ” From an order overruling…

1Opinion of the Court

Baktch, J. :

This action was instituted against the defendants to recover damages for the wrongful use and interference with the water of the South Fork of Weber river, and for a perpetual injunction restraining the defendants from obstructing, diverting or befouling the water of that stream above the plaintiff’s mill.

The question of damages was submitted to a jury, and it returned a verdict of “no cause of action.” Thereupon judgment for costs was entered against the plaintiff, in accordance with a memorandum of costs filed by the defendants. Afterwards the plaintiff made a motion to strike…

2Cited by3 opinions

  1. Planned Parenthood Association v. StateUtah Supreme Court · 2024
  2. Green v. ThatcherSupreme Court of Colorado · 1903
  3. Smith v. FisherUtah Supreme Court · 1902

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