Jordan v. Utah Railway Co.
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Action by E. N: Jordan against Utah Railway Company. Judgment for plaintiff. Defendant appeals. REPONDENT’S POINTS. To interfere with,’or destroy any right appurtenant to ■property, is a taking within the Constitution. (Lewis on Eminent Domain, Third Edition, Section 223 and Section 65.) An easement is subject to Eminent Domain power.
Read the full summary
Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Action by E. N: Jordan against Utah Railway Company. Judgment for plaintiff. Defendant appeals. REPONDENT’S POINTS. To interfere with,’or destroy any right appurtenant to ■property, is a taking within the Constitution. (Lewis on Eminent Domain, Third Edition, Section 223 and Section 65.) An easement is subject to Eminent Domain power. (Lewis on Eminent Domain, Third Edition, Séction 412.) An easement is property the same as land. This being so, and the Constitution. providing that PROPERTY should not be taken or damaged…
1Opinion of the CourtFrick, J.
■The plaintiff sued the defendant to recover damages which he alleged he sustained to his residence property by reasom of the construction and operation of a certain railroad, which, it is alleged, is owned and operated by the defendant; The-only allegations of the complaint complained of, which are-material here, are the following:
■ “That by the construction of said railroad tracks by the-defendant, and the operation of trains thereon, the above-described tract of land which is particularly described has: been permanently injured because of the cinders, smoke, and noise, incident to the…
2Cases cited7 opinions
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- Weyer v. Chicago, Wisconsin & Northern RailroadWisconsin Supreme Court · 1887
- Omaha Southern Railway Co. v. BeesonNebraska Supreme Court · 1893
- O'Neill v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1911
- Twenty-Second Corp. of Church of Jesus Christ of Latter-Day Saints v. Oregon Short Line RailroadUtah Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Utah Department of Transportation v. Admiral Beverage Corp.Utah Supreme Court · 2011
- Peterson v. CallisterUtah Supreme Court · 1957
- State Road Commission v. RohanUtah Supreme Court · 1971
- Johnson v. Utah-Idaho Cent. Ry. Co.Utah Supreme Court · 1926
- Peterson v. CallisterUtah Supreme Court · 1957
1 more not listed; retrieve them via the Exa API.