Show business transacted in salt lake SPANISH WIMS in the case of the city vs et al other oases the territorial supreme court met promptly at 2 p m yesterday all the judges being present in tha case of frank T cochrane vs cuna A Bua on appeal from an order made by judge zane disa olvine an attachment on the ground that the defendant was a nonresident non resident of the territory judge andersen delivered a brief opinion sustaining the order of the court below in the casa of william V helfrich Hel frach administrator vs the ogden city railway company judge blackburn delivered the opinion of the court th full bench concurring some time ago patrick an engineer in tho employ of tho defendant was killed through hia head coming in contact with a telegraph pole while he waa running an engine on the trial of the case the jury gave a verdict for the plaintiff in the opinion of the supreme court however the deceased failed to exercise due care and thereby contributed to tho injury and the court characterizes hia conduct in this language his act not eniy seems careless but mere like the rash act of a man reckless of his life in thiu case the carelessness of the decedent clearly was the proximate cause of his death and the jury ought to have found a verdict jor the defendant ane case is reversed and a venire do novo awarded in the case of spanish fork city et al vs zacariah hopper et al judge miner delivered the opinion this action was brought to prevent the defendants from taking or diverting the waters of spanish fork river or its tributaries tributa ries it utah county the court below decided in favor of the plaintiffs and the supreme court affirmed the decree in the important case of H II 11 henderson efa al vs the ogden city railway company et al chief justice zane delivered the opinion of the court in 1883 the ogden city council granted to the ogden city railway company a franchise to construct and operate a single or double track street railroad on washington avenue and the company constructed lucli track on september 19 1890 the plaintiff obtained a franchise to lay a double or single track electric road on washington he commenced the construction of the track on the unoccupied portion of the street when the de fondant took possession of it the district court granted an injunction restraining the defendant from encumbering the road bed etc of the plaintiffs aud the appeal was from this order the supreme court affirmed the judgment of the in the case of J H knauer et al v thomas etil judee blackburn delivered the opinion in this case both cartiea appealed from the of tha making a division ot the profits in certain real estate transactions on the basis that the parties were partners the judgment of the cobit below was affirmed in case of the ogden city railway company vs ogden city et al which is analogous to the case of henderson etal vs ogden city railway judge zane delivered the opinion affirming the judgment of the court below judge sutherland called up the case of the board of education vs the utah commission by saying that the board deeming it necessary to issue of school bonds ts secure means to purchase school sites etc had decided to submit the matter to the people A question had arisen as to whether that election should be controlled by the commission or not it was important that the bonds should be issued in euch cear compliance witia the law that they would suffer no prejudice when put on the market it was therefore desired that the supreme court should decide the matter as early as possible the court decided to hear the argument this mor john T arap of the court of iowa was admitted to practice |