| Show Coombs TS Fort Douglas Railway Martha Ann Coombs appellant vs Salt Lake c Fort Douglas Railway company Judgment of the lower court reversed and the cause remanded with directions that the lower court enter a final judgment and grant an injunction a prayed by the plaintiff Opinion by Judge King concurred In by Judge Smith In 1S87 the salE Lake Fort Douglas railway company built its road across U and A streets to a connection with the Fort Douglas reservation No ob junction was made by the appellant to the construction of the track until some four years after its completion when this suit was begun The case was tried before Judge Bartch in the winter of 1803 and resulted in a judgment judg-ment for the defendant on the main issue is-sue viz the Injunction and for plaintiff plain-tiff for damages in the sum of 2500 with interest From the judgment denying the injunction plaintiff app ap-p aled to the supreme court which reversed re-versed the decision of the court below and remanded the case back as respondent re-spondent claimed a new trial Afterwards After-wards plaintiffs counsel fed a motion in the district court distrct asking that judgment judg-ment be entered therein In accordance with the original prayer for relief but this was subsequently withdrawn Upon the appointment of the present chief justice however the motion was renewed and denied on the hearing the judge basipg his refusal to grant the motion and enter judgment for the injunction on the ground that the supreme su-preme court had made no such old r that under the rules of court where cases came down with no Intimation of anything more than a reversal the rule was t grant a new tral revers From this order of Judge Merrltt an appeal on alleged error Is taken |
