Salt Lake City v. East Jordan Irrigation Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action, by Salt Lake City against tbe East Jordan Irrigation Company. From the judgment the parties bring cross-appeals. appellant’s points.
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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action, by Salt Lake City against tbe East Jordan Irrigation Company. From the judgment the parties bring cross-appeals. appellant’s points. If damage shall result to the individual property or right of a stockholder of the respondent company, by reason of the city’s carrying out the work of enlarging the canal, he will have his remedy and judgment for damages against the city independently of the judgment in this proceeding. (Hearst & Haggin v. Putnam, Mfg. Oo. et al., 28 Utah, 184, 17 P’ac. 7 63.) The measure of…
1Opinion of the CourtFrick, C. J.
This proceeding was instituted by appellant, a municipal corporation, against respondent, a corporation organized for the purpose of distributing water for irrigation and other beneficial purposes, to condemn, or, rather, to obtain the right to enlarge an irrigating canal, owned by respondent. The proceeding is based on Cbmp. Laws Dtah 1907, section 1288x22, which reads as follows:
“When any person, corporation, or association desires to convey water for-irrigation or for any other beneficial purpose, and' there is a canal or ditch already constructed that can be enlarged to convey the…
2Cases cited3 opinions
- Nash v. ClarkUtah Supreme Court · 1904
- Tanner v. Provo Bench Canal & Irrigation Co.Utah Supreme Court · 1911
- Canadian Pacific Railway Co. v. Moosehead Telephone Co.Supreme Judicial Court of Maine · 1910
3Cited by12 opinions
- Green River Canal Co. v. ThaynUtah Supreme Court · 2003
- Nielson v. SandbergUtah Supreme Court · 1943
- Canyon View Irrigation Co. v. Twin Falls Canal Co.Idaho Supreme Court · 1980
- Monetaire Mining Co. v. Columbus Rexall Consol. Mines Co.Utah Supreme Court · 1918
- Waterford I. Dist. v. Turlock I. Dist.California Court of Appeal · 1920
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