Dern v. Salt Lake City Railroad
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Application for an injunction to prevent defendant railT way company from constructing or maintaining any streetcar line on South Temple Street in Salt Lake City east of E Street, and also compelling said company to remove all iron, ties, and other obstructions by it already placed upon a portion of said street, and to restore said street to the condition it was in when defendant company entered…
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Appeal from tbe Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Application for an injunction to prevent defendant railT way company from constructing or maintaining any streetcar line on South Temple Street in Salt Lake City east of E Street, and also compelling said company to remove all iron, ties, and other obstructions by it already placed upon a portion of said street, and to restore said street to the condition it was in when defendant company entered thereon. From a decree refusing said injunction and finding that defendant company had a right to construct, maintain,…
1Opinion of the CourtBaskin, J.
In this action the relief sought by plaintiffs is a decree perpetually enjoining the defendant railroad company from constructing or maintaining any street car line upon South Temple Street, in Salt Late City, east of E Street, and also compelling said company to remove all of the iron, ties, and other obstructions by it placed upon said portion of said street, and to restore said street to the condition it was in, when defendant company commenced to construct a street railway thereon.
Upon the trial, the lower court refused to grant an injunction, and adjudged and decreed that the defendant…
2Cases cited3 opinions
- Briggs v. Cape Cod Ship Canal Co.Massachusetts Supreme Judicial Court · 1884
- Columbus Watch Co. v. HodenpylNew York Court of Appeals · 1892
- People v. President of the Williamsburgh Turnpike Road & Bridge Co.New York Court of Appeals · 1872
3Cited by3 opinions
- Atlantic Coast Line Railroad v. Southern Railway Co.Supreme Court of Georgia · 1958
- Seattle, R. & S. Ry. Co. v. City of SeattleDistrict Court, W.D. Washington · 1914
- State Ex Rel. Stain v. ChristensenUtah Supreme Court · 1934