Kimball v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Third District; M. L. .Kitchie, Judge. Action by Eugenia Kimball and others against Salt Lake City, a municipal corporation. Judgment for plaintiffs, and defendant appeals. APPELLANTS POINTS. In an action for damages to property by reason of an improvement by a city, there is no debt due the plaintiff until the damages are ascertained by a jury, and no interest is allowed from the time the damage was sustained.
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Appeal from District Court, Third District; M. L. .Kitchie, Judge. Action by Eugenia Kimball and others against Salt Lake City, a municipal corporation. Judgment for plaintiffs, and defendant appeals. APPELLANTS POINTS. In an action for damages to property by reason of an improvement by a city, there is no debt due the plaintiff until the damages are ascertained by a jury, and no interest is allowed from the time the damage was sustained. (Chicago v. Allcoclc, 86 Ill. 384.) In actions ex delicto it is in the discretion of the jury to allow or not allow interest, and the question should be…
1Opinion of the Court
EEICK, J. ■
This action was instituted by the plaintiffs, respondents in this court, against the defendant city, appellant, to recover consequential damages to real property caused by public improvements made by appellant in changing a street grade in front of respondents’ property. The property in question was used as a residence, and was materially affected by a fill of about ten feet in front thereof. The respondents filed a cláim against the city for damages as provided by law, which was denied and hence this action. The case was tried to1 a jury, which awarded damages'to respondents, upon…
2Cases cited10 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Chicago v. TaylorSupreme Court of the United States · 1888
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. Fairfax Realty, Inc.Utah Supreme Court · 2003
- Utah Department of Transportation v. Admiral Beverage Corp.Utah Supreme Court · 2011
- State Ex Rel. Engineering Commission v. PeekUtah Supreme Court · 1953
- Morris v. Salt Lake CityUtah Supreme Court · 1909
- Hempstead v. Salt Lake CityUtah Supreme Court · 1907
19 more not listed; retrieve them via the Exa API.