McCready v. Rio Grande Western Ry. Co.
Utah Supreme Court
Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Action by John McOready against the Rio Grande Western Railway Company. From a judgment for defendant, plaintiff appeals. APPELLANTS POINTS. In proceedings to condemn land for railroad purposes where plaintiff abandons the action and dismisses the suit, defendant is entitled to recover costs and expenses incurred by reason of the proceedings. (Lewis on Eminent Domain, 1449 et seq.; North Mo.
Read the full summary
Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Action by John McOready against the Rio Grande Western Railway Company. From a judgment for defendant, plaintiff appeals. APPELLANTS POINTS. In proceedings to condemn land for railroad purposes where plaintiff abandons the action and dismisses the suit, defendant is entitled to recover costs and expenses incurred by reason of the proceedings. (Lewis on Eminent Domain, 1449 et seq.; North Mo. By. v. Lackland, 25 Mo. 515 ; Leisse et al. v. St. Louis By. Go., 2 Mo. App. 105, 72 Mo. 561; Gibson v. Mo. Pac. By. Go., 40 Mo. App. 146;…
1Opinion of the Court
MeOARTY, T.,
after making the foregoing statement of the case, delivered the opinion of the court.
The decisive question presented by this appeal is whether a party who in good faith commences an action under the eminent domain act to condemn land is liable, upon a dismissal of the suit by such party, to the owner of the land for the expenses he was put to in employing counsel, hiring expert witnesses, and his own loss of time and expenditures made in the defense of such suit; that is, such expenditures as a party may be put to in preparing his defense that cannot be taxed as costs in the…
2Cases cited7 opinions
- San José & Almaden Railroad v. MayneCalifornia Supreme Court · 1890
- Mayor of Baltimore v. MusgraveCourt of Appeals of Maryland · 1878
- Davidson v. MunseyUtah Supreme Court · 1905
- Feiten v. City of MilwaukeeWisconsin Supreme Court · 1879
- Bergman v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. Erie Rd. Co.Ohio Supreme Court · 1938
- Selle v. City of FayettevilleSupreme Court of Arkansas · 1944
- Kanakanui v. United StatesCourt of Appeals for the Ninth Circuit · 1917
- Blue River Power Co. v. HronikNebraska Supreme Court · 1928
- Denver & Rio Grande Railroad v. MillsSupreme Court of Colorado · 1915
3 more not listed; retrieve them via the Exa API.