Oregon Short Line Railroad v. Russell
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Now. S. W. Steioart, Judge. Action to condemn certain real estate. Prom a judgment in favor of the defendants, plaintiff appealed.
1Opinion of the CourtBaskin, C. J.
This is an action to condemn, under the provisions of the statute relating to eminent domain (Rev. St., p. 794), certain real estate of the defendants. A jury having been impaneled to assess the damages returned a verdict in which the damages were assessed at $13,000. The errors assigned and relied on are: (1) The damages assessed were excessive, and *459Ríe evidence insufficient to justify the verdict and judgment. (2) The court erred in refusing to instruct the jury as requested by plaintiff.
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*459Four witnesses, who at the time of the trial were, and for several years previous thereto had been,…
2Cases cited10 opinions
- Myers v. CohnNew York Court of Common Pleas · 1893
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Nelson v. Southern Pacifc Co.Utah Supreme Court · 1897
- Schwinger v. . RaymondNew York Court of Appeals · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jensen v. Denver & Rio Grande Ry. Co.Utah Supreme Court · 1914
- Pauly v. McCarthyUtah Supreme Court · 1947
- Geary v. CainUtah Supreme Court · 1927
- Baglin v. Earl-Eagle Mining Co.Utah Supreme Court · 1919