OCR Text |
Show THURSDAY, FEBRUARY 22, 1973 THE DAILY RECORD Births Dr. and Mrs. Walter Romney 1453 Uintah Cl, daughter Mr. and Mrs. Kent Atkina, Tooele, aon VALLEY WEST HOSPITAL Sr. and Mrs, Gordon T. Bird Tooele, aon Mr. and Mra. John L. Kitchen 2355 So 80th West, Magna, daughter Mr. and Mrs. Willia A. Trujillo 3914 Brackwood, Granger, aon Mr. and Mrs. Bob D.W.Dunn 3840 So. 6460 West, Hunter, In The Supreme Court Of The State Of Utah Mr. and Mrs. Ryrum Patten, 1475 E. 4230 So. daughter Mr. and Mrs. Arne Coles, 1124 W. 300 North, 8 on Mr. and Mrs. Alden Parker, 78- 71 Mancano, daughter Mr. and Mrs. Robert Bourne, 747 West 1900 South, Woods Cross, daughter Mr. and Mrs. Robert Utah Power and Light Company, a corporation. Plaintiff and Respondent, FILE D February 6, David Frank Patterson, etal. , Defendants and Appellants. Nattress Grant sville , daughter Mr. and Mrs. Donald Barnhisel L. M. Cummings, Clerk This is an action in eminent domain brought by the plaintiff for the purpose of acquiring rights to erect and maintain additional towers in connection with the establishment of a new transmission line. In the year 1913 the predecessors in title and interest of the appellants daughter entered into certain agreements with the plaintiff's predecessor. The agreement granting an easement to the Power Company should it decide to erect and maintain additional towers contains certain provisions requiring additional payments. The particular right of way agreement which we are concerned with here covered a portion of the defendants' property, which is referred to in the record as the "Dix" parcel, and contains certain provisions which spelled out the duties and obligations of the Power Company if it elected to construct additional towers. At the opening of the trial on the issue of damages the court ruled that in respect to the "Dix" tract the defendants were entitled to recover such severance damages as they might be able to prove. right-of-w- SOUTH DAVIS COMMUNITY Mr. and Mrs. Carl Martin 735 V. 220 North, Woods Cross son Mr. and Mrs. Clint Rigby 582 No. Fairfield St. Layton daughter Mr. and Mrs. James Ryan, 886 W. 4 000 So. Bountiful, daughter Mr. and Mrs. Thomas Miner 2131 So. 900 East, Bountiful, ay During the course of the trial the plaintiff produced an expert witness, who after testifying to various items of damage, voiced the opinion that the defendants had suffered no severance damage. The defendants moved to strike the witness's testimony as to severance damages on the ground that the witness was under a legal misapprehension as to the terms of the easement at considerable length by agreement. The witness was cross-examin- son Mr. and Mrs. Douglas Ferguson 824 Amathlst St .Layton, daughter Mr. and Mra, Paul Adams, Bou- ntiful son ed Mr. and Mrs. Val Peterson Eden, Weber County, daughter Mr. and Mrs. Val Peterson Eden, Weber County, daughter Mr. and Mrs. William Pace, counsellor the defendants concerning his opinion as to severance damages. The defendants also called an expert who was of the opinion that the remaining tract of land owned by the defendants was damaged by reason of its severance occasioned by the erection of the new tower. The issue of damages including severance damages to the "Dix" parcel was submitted to the jury with instructions which adequately covered the matter of severance damages. The jury returned a verdict awarding the defendants $31, 343 for various items of damages but failed to award the defendants severance damages. Bountiful, son ST. MARK'S HOSPITAL Mr. and Mrs. Craig Mortenaen 3682 Alabama Aye, West Jordan daughter Mr. and Mrs. Earl Newaon,4899 Westhaven Dr. son Mr. and Mrs. Boss Andrus, 2386 So. 150 East, Bo untiful, It is the defendants' contention before this court that the court below of the plaintiff's expert witness on the was based upon a legal misapprehension. In view of ground that his testimony the fact that the court at the outset of the trial ruled that the defendants were entitled to recover such severance damages as they might prove and the court submitting that problem to the jury, leads us to the conclusion that there is no merit in the defendants' contention. The verdict returned by the jury is well within the limits of the testimony proffered by the parties. erred in refusing to strike the testimony daughter Mr. and Mrs. Or ant Wadsworth $49 E. 3585 So. daughter Mr. and Mrs. W. D. H rdman 7841 W. 2820 So. M gna,son Mr. and Mrs. Paul L. Brown, 132$ E. 4130 So. daughter Mr. and Mrs. Ray B.Forsgren 325 No. 500 East, Sandy, son Mr. and Mrs. Cleon Griffin Trenton, Cache Cty,son Mr. and Mrs. Robert L. Lux 1904 25th East, daughter Mr. and Mrs. Lee J.Kartchner 9370 So 17th West, son Mr. and Mrs. Michael Johnson 3214 So. 3690 West, Granger, son Mr. and Mrs. Lawrence Alsup 230 S. St, daughter The decision of the court below is affirmed. Release of Mortgages 458 Western Sav. to Everett' V. Peabody etux. 461 Zions 1st Nat. Bank to William E. Miles etux. 462 American Sav. Bank Paul HOSPITAL M. McBride Gary Smith etux to Franklin H. Bjorndal etux. 466 John 474 Wendover,son iris Mr. and Mrs. James R. Derrick 1155 E, 3rd So. daughter Mr. and Mrs. Gary A. Frank 5056 Woodmant, twin son and daughter Mr. and Mrs. Neldon A.Crutls 3208 So. 44th West, son Mr. and Mrs. Shawn Allen, 4756 W, 4175 So. Granger, daughter ' Mr. and Mrs. Bryan Wendell Meacham, 258 6th Ave, daughter Mr. and Mrs. Daniel Schofield to etux. First Surety Fin. to 475 Wm. Chat win etux. 476 Freed Corporation to William Chatwin etux. 491 Prud. Ins. to Pioneer Building. I I DIRTY --1 1 BUILDING, OFFICE HOME OR APARTMENT e Low Cost Maintenance MR. ATTORNEY Are you making Help ha arrived for your B Janitorial Service r. e Service e No job too big or mall e Reliable, professional service e 20 years experience e We are bonded and insured against liability 24-H- Call tor Free blleetei the best use of your cash? "Prafils ora samed throsgh His sm, sot Hw ownership of assets." Mew end more attorneys and professional man are findiag that leasing is ths answer to more spendable income because leasing new equipment, fsmi-tnr- e and fixtures can ba a distinct tax advantage, and mean less initial fmanciar outlay, thus freeing your cash for other more profitable uses. At FMA we can tailor a lease plan to for now equipyear specific needs ment as wall as sale and lease-bac- k of existing equipment you now own. TSeyseweeh 487-547- KLEEN-EM-U- P COMPANY, INC. lMSeeftiMtat Sett Lefce CHy Company 2060 WALKS . East 21st South (Salt Lake City, Utah BANK AID Accsmo FEATURES electret condenser microphone. for exceptional sound pick up. microphone k SONYS patented . At The professional Exclusive Sonymatic automatic gain control circuit Maintains consistent level of dictation, automatically. Electronic cueing system. Electronic signals instruct the secretary. ot FMA Leasing NEW ft Up to two hours of continuous recording using a standard tape casette. 3 322-311- 3 & REMARKABLE CALL US TODAY MheeraeSey Jennie Ln,son Mr. and Mrs. Jay Barlow, 2172 E. 6675 So. daughter Mr. and Mrs. Larry Quigley 1397 W. 4th So. daughter Mr. and Mrs. Larry Staten, 50- -i Camlno Real,daugh .vter Mr. and Mrs. Alma Polache 2573 E. 6485 So. son Mr. and Mrs. Dennis Linnell 1625 E. Roosevelt Aye,daughtr etux tc Fausett etux. Whit el ey W. Lewis A. HOSPITAL Mr. and Mrs. William F.Miles 4361 9th East, daughter Mr. and Mrs. Richard K.Wilco-c- k, 3338 Vigarade Ln,son Mr. and Mrs. Arthur G. Allred 3605 HOneycuf Rd,son Mr. and Mrs. Stephen W. Williams, 322 W. Midshore Manner Sandy, daughter Mr. and Mrs. Joseph L.dark, ll86 E, 23rd So. twin sons Mr. and Mrs. Slgne V.Fonua, 724 Wilson, Aye, daughter Mr. and Mrs. John C.Elcock 2975 Glenmare St. son Mr. and Mrs. Leonard E. Start 8100 Wasatch Blvd, daughter Mr. and Mrs. Robert G.Elzlnga 3283 Belgarde Ln, daughter Mr. and Mrs. Nick Li ot Respondent is entitled to costs. Mr. and Mrs. Brent Petty 160 13th East, son Mr. and Mrs. Loren Dorstad, 2277 8th East, son Mr. and Mrs. Daniel Dix,838 E. 8425 So. Sandy, son 20(51 1973 TUCKETT. Justice: aon US No. 1296b v. Mr. and Mrs. DeVaux B. Stewart, 3151 Tess Ave,son Mr. and Mrs. Thomas Stayton 4248 So. 3290 West, Granger, UNIVERSITY PAGE FIVE it playback with built-i- n speaker. Automatic telephone recording. EXCLUSIVE SONY BUSINESS PRODUCTS DEALER CALL OR WRITE FOR DEMONSTRATION OR TRIAL LES OLSON COMPANY Street, Salt Lake City, Utah 84115 7 Telephone - Ana (801) 2134 Richards 486-936- 1 V |