Salt Lake City Water & Electrical Power Co. v. Salt Lake City
Utah Supreme Court
Appeal from the Third District Court,. Salt Lake County.— Hon. O. W. Morse, Judge. Action, by virtue of the statute of eminent domain, to obtain, the right to connect a flume with the defendant’s canal for the purpose of discharging certain water into it after using the same in the operation of the plaintiffs power plant. From, a judgment in favor of the plaintiff, the defendant appealed. “The complaint does not state facts sufficient to constitute a cause of action.”
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Appeal from the Third District Court,. Salt Lake County.— Hon. O. W. Morse, Judge. Action, by virtue of the statute of eminent domain, to obtain, the right to connect a flume with the defendant’s canal for the purpose of discharging certain water into it after using the same in the operation of the plaintiffs power plant. From, a judgment in favor of the plaintiff, the defendant appealed. “The complaint does not state facts sufficient to constitute a cause of action.” It will be'noted that paragraph 4 negatives directly the allegations of paragraph 3 that the plaintiff “has acquired the…
1Opinion of the CourtBartch, J.
In this case the plaintiff seeks, by virtue *444of the statute of eminent domain, to obtain the right to connect a flume with the defendant’s canal for 'the purpose of discharging certain water into it, after using the same in the operation of plaintiff’s power plant. At the trial the. court entered a decree granting the right to make such connection and to discharge the water into the canal. The defendant thereupon appealed.
In the first instance, the appellant insists that the court erred in overruling the defendant’s demurrer to' the complaint, because, as is urged, no cause of action was…
2Cases cited1 opinion
- Salt Lake City v. Salt Lake City Water & Electrical Power Co.Utah Supreme Court · 1902
3Cited by5 opinions
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
- Helena Power Transmission Co. v. SprattMontana Supreme Court · 1907
- Gunnison Irr. Co. v. Gunnison Highland Canal Co.Utah Supreme Court · 1918
- Salt Lake City v. Salt Lake City Water & Electrical Power Co.Utah Supreme Court · 1903