Show RAILROAD LOSES CASE r Nicholas Smith Wins Ejectment Suit From Weber County The supreme court handed banded down au an opinIon yesterday affirming the decision of the Second district court in the case of Nicholas Smith respondent vs the Oregon Short Line appellant Smith sued the I company for using part of his land in Weber county for right of way unlawfully unlawfully fully The company was ejected from a por portion portion tion of the land by the lower court and Smith was awarded 75 damages for the balance of it The company appealed Justice wrote the opinion uphold upholding upholding ing the lower court and Justice McCar lIcCar McCarthy thy concurred Chief Justice Bartch dis tented |