Show I A CONDEMNATION SUT City vs John Beck For Sewer Right of Way TH CASE NOW ON TRIAL IT WILIV GO TO THE JURY TODAY TO-DAY Doctor Hushes Gets I Verdict Against Attorney Winters Lemhl Mining Company AttJiehed Hunt lug Harvey Booths Slayers HOTT Sam Grice Came to Be Released W S Gardner Alias William A ICiminel Arrested For Bigamy I The suit of Sal Lake city vs John Beck el aI for the condemnation of a strip of land near the Hot Springs for 3 right of way for the gravity sewer occupied the attention of Chief Justice Merritt and a jury all of yesterday yes-terday The strip of which condemnation condemna-tion is asked 5 10x1186 feet and there is also a strip 10x300 feet in controversy contro-versy which the city claims to own ana which Mr Beck also lays claim to The land in question has already been taken possession of by the city and the sewer constructed through i and it is alleged that Beck agreed to accept SOO for the same The city had expended in the construction construc-tion of the sewer through the Beck lands alone the sum of S6500 and in making the tunnel through the point of rock east of the Hot Springs 1200 But on August 16 1893 Receiver Don nellan of the Hot Springs property began suit against plaintiffs to enjoir them from proceeding with the construction con-struction of the sewer through the Beck lands and a restraining order was granted temporarily prohibiting the city from doing further work on the sewer until further order of court An order was also issued directing the city to show cause why the injunction should not be made perpetual The injunction was subsequently dissolved dis-solved Plaintiffs state i has now become be-come a public necessity to condemn aright a-right of way over the land In question and hence they ask condemnation of the strip to the extent of ten feet in Vidth five on each side of the established estab-lished sewer line The defendant sets up that the land in dispute was not necessary to the construction of the sewer and that the placing of the sewer so close to the springs has injured their reputation with the public as a bathing resort and therefore damaged dam-aged the defendants greatly He however how-ever prays that if the court considers the land was necessary to the construction con-struction of the sewer that his damages dam-ages may be assessed by the court He also denies that he agreed to accept 800 for the same Rawlins Critchlow appeared for the defendant and City Attorney te Ciy Hoge represented the city The hearing was not concluded when the court adjourned until 10 oclock this morning when it will be resumed |