Coombs v. Salt Lake & Fort Douglas Railway Co.
Utah Supreme Court
Appeal from the District Court of the Third Judicial' District. Hon. Samuel A. Merritt, Judge. Action by Martha Ann Coombs against the Salt Lake- & Fort Douglas Railway Company, Utah Central Railway Company and James McGregor and Clarence Carey, receivers, for an injunction nisi to become absolute within a definite length of time to be determined by the court-unless the damages assessed by the court were paid.
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Appeal from the District Court of the Third Judicial' District. Hon. Samuel A. Merritt, Judge. Action by Martha Ann Coombs against the Salt Lake- & Fort Douglas Railway Company, Utah Central Railway Company and James McGregor and Clarence Carey, receivers, for an injunction nisi to become absolute within a definite length of time to be determined by the court-unless the damages assessed by the court were paid. The court awarded plaintiff damages but denied the injunctive relief. Neither party asked for a new trial nor excepted to any of the findings of facts, which covered all the-material…
1Opinion of the Court
KING, J.:
From the record in this case it appears that suit was-brought by the plaintiff against the defendant corporations, to secure a permanent injunction, preventing them from operating their road or running cars thereon, unless there was-paid to plaintiff, within such time as might be determined by the court, a sum of money sufficient to compensate her for the lasting injuries accruing to her. property through the construction and maintenance of defendant-railroad. The cause was tried by the court, which found *140in harmony with the material allegations of the complaint. Among other things,…
2Cases cited7 opinions
- Gaines v. RuggSupreme Court of the United States · 1893
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- National Investment Co. v. National Savings, Loan & Building Ass'nSupreme Court of Minnesota · 1892
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Butler v. BarnesSupreme Court of Connecticut · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Hi-Country Estates Homeowners Ass'n v. Bagley & Co.Court of Appeals of Utah · 2011