Legal Opinion

Salt Lake & U. R. Co. v. Schramm

Utah Supreme Court

Decided March 31, 1920No. 3431PublishedCited by 16 opinions

Appeal from District Court, Fourth District, Utah County; A. B. Morgan, Judge. Action by the Salt Lake & Utah Railroad Company against Elizabeth Dolder Schramm and others for condemnation of property. From a judgment of condemnation and for damages in favor of the defendant owners, plaintiff appeals, and defendants cross-appeal.

1Opinion of the CourtCorfman, C. J.

Plaintiff, a railroad corporation, commenced this action in the usual form under our statutes to condemn for railroad purposes certain real property situate in the city of Pays on, Utah county. The defendants answered, admitting the allegations of the complaint, except that a taking of the property was necessary for plaintiff’s use. It was alleged in the answer by way of a counterclaim against the plaintiff that prior to the commencement of the action the defendants had sustained certain damages to the real property sought to be condemned, and that they had suffered personal discomfort and…

2Cases cited6 opinions

  1. Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
  2. Oregon Short Line R. Co. v. JonesUtah Supreme Court · 1905
  3. Northern Pacific & Montana Railway Co. v. ForbisMontana Supreme Court · 1895
  4. Missouri, Kansas & Texas Railway Co. v. RoeSupreme Court of Kansas · 1908
  5. Salt Lake Inv. Co. v. Oregon Short Line R.Utah Supreme Court · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. HoblittMontana Supreme Court · 1930
  2. Utah Department of Transportation v. Admiral Beverage Corp.Utah Supreme Court · 2011
  3. Provo River Water Users' Ass'n v. CarlsonUtah Supreme Court · 1943
  4. State Ex Rel. Engineering Commission v. PeekUtah Supreme Court · 1953
  5. State v. OlsonNorth Dakota Supreme Court · 1984

11 more not listed; retrieve them via the Exa API.

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