Oregon Short Line Railroad v. Fox
Utah Supreme Court
Appeal from tbe Third District Court, Salt Labe County, — Hon, 8. W. Steiuart, Judge.. • Action to condemn a right of way. From a judgment, the railroad company appealed.
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Appeal from tbe Third District Court, Salt Labe County, — Hon, 8. W. Steiuart, Judge.. • Action to condemn a right of way. From a judgment, the railroad company appealed. The only question involved in this appeal is whether the appellant was entitled at the trial of this case in the court below to show that it had abandoned its old line through the property of the respondents and by reason of such abandonment, that aside from the taking of the land desired for the right of way for the new line, it was no more of a detriment or inconvenience or damage to the respondents, as owners of the land…
1Opinion of the Court
McCARTY, J.,
after stating the facts delivered the opinion of the court.
The only question presented by this' appeal is whether appellant was entitled at the trial of this cause to prove that it had abandoned its old line through the property of respondents,and by reason of such abandonment that, aside from the taking of the land described for the right of way for the new line, it was no more of a detriment or inconvenience or damage to respondents for appellant to construct and operate its railroad along the new line than it would have been for appellant to have continued to maintain and…
2Cases cited8 opinions
- Vanhorne v. DorranceSupreme Court of the United States · 1795
- Chicago & Evanston Railroad v. BlakeIllinois Supreme Court · 1886
- Armstrong v. CarsonSupreme Court of the United States · 1794
- Chicago, Kansas & Nebraska R. R. v. WiebeNebraska Supreme Court · 1889
- Winona & St. Peter R. R. v. WaldronSupreme Court of Minnesota · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jeffery v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1909
- Salt Lake & U. R. v. ButterfieldUtah Supreme Court · 1915