Payne v. Utah-Idaho Sugar Co.

McCREA, District Judge.

With substantially no dispute the evidence in this case dis-. closes the following salient facts:

Defendant, on October 8, 1918, commenced the construction of a structure, referred to in the evidence as a sugar beet dump, at a point about two miles north of the town of Vermillion, in Sevier county, Utah, and upon a portion of the right of way of the Denver & Rio Grande Railroad Company. The structure was of a type commonly used in beet sugar growing districts, and was adapted to the purpose of unloading sugar beets directly from the farmers’ wagons or trucks into the…