Whitesides v. Green
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Marion M. Whitesides against George W. Green, Sr., and others, for damages sustained by the removal of a fence from a highway claimed by Davis county, and to enjoin defendants from interfering with the land claimed by plaintiff.
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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Marion M. Whitesides against George W. Green, Sr., and others, for damages sustained by the removal of a fence from a highway claimed by Davis county, and to enjoin defendants from interfering with the land claimed by plaintiff. From a judgment for defendant plaintiff appeals. • The question in chief was whether there had been a dedication of a 3-rod road whose width plaintiff sought to narrow. We present herewith a few considerations with, respect to the contention for a…
1Opinion of the Court
Bartch, J.:
This controversy arose over a public highway, running along the western line of the appellant's land, and south through some leased land. It is about a mile and a half long, and connects two other highways, running east and west. Counsel for the appellant concede the existence of the highway, but its exact location and its width are in dispute. On the question of the location the court *348found substantially that the western line of the appellant’s land formed the center line of the two highways, and that it extended on the same line through his leased land. This finding seems to be…
2Cases cited6 opinions
- Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
- Davis v. City of ClintonSupreme Court of Iowa · 1882
- Ellsworth v. LordSupreme Court of Minnesota · 1889
- Watkins v. LynchCalifornia Supreme Court · 1886
- Burrows v. GuestUtah Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Sierra Club v. HodelCourt of Appeals for the Tenth Circuit · 1988
- Lindsay Land & Live Stock Co. v. ChurnosUtah Supreme Court · 1929
- Zetrouer v. ZetrouerSupreme Court of Florida · 1925
- Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
- Meservey v. GullifordIdaho Supreme Court · 1908
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