| Show Is the sanpete NON MOTION OF THE DE PENDANTS the califor nia short line win the case it will be remembered that after much evidence had been taken in the case of the sanpete valley railway vs the california short line the defendant moved for a nonsuit non suit which was taken under advisement and a few days ago referee mcmillan delivered the following opinion sustaining the motion sanpete valley railway company vs california short line railway company efa al ai A i the close of testimony of plaintiff the defendants move for a judgment of nonsuit non suit against the plaintiff upon the grounds that there is no evidence that any of the funds or property of plaintiff entered into the construction st of the defendant california short line railway company that no funds of plaintiff were taken or converted by any agent or trustee of plaintiff and converted into the construction st of ahe california short line railway or that any of the defendants had any knowledge of any such taking said motion was argued and submitted by counsel the complaint alleges and it is not denied that the capital acock of the plaintiff company was owned and held by the central pacific coal and coke company limited and said central pacific coal und coke company limited through its director as the owner of the whole of said capital stock had the possession and control of all the railway and other property of said plaintiff company and was operating the same and thereupon authorized said defendant to take the management and control of all the property of said coal and coke company in the united states and Utah Territory including the management and operation of the aard railway of plaintiff company and in pursuance of said appointment said bamberger continued the management superintendence and control of the operations of said railway antil april the above allegations are sustained by tb a evidence the evidence also is that defendant bamberger received instructions and orders from the officers of the coal and coke company concerning the management of the plaintiff railway company as well as other property and that he received no direction from any board or officer of the plaintiff concerning the at fairs of plaintiff that he accounted to and was required to account to the central pacific coal and coke company and its board of directors acting in that capacity that he corres bonded with that company alone with reference to the affairs of the railway and never recognized any officer of the plaintiff company or to obey any instruction emanating from its board 0 directors the evidence is that the central pacific coal and coke company originally constructed and paid for the plaintiff railroad as originally constructed ted and there is no evidence that that company ever surrendered or transferred its board cr otherwise its title to the railway property or any of its property owned in connection therewith to the plaintiff company or any other corporation or anybody the evidence discloses in any view of the case that property and materials of the central pacific coal and coke company were used botolf in the construction of the defendant california short line railway and in the operation thereof and that an ac counting a finding must be made in favor of said coal and coke company in any view taken and said coal and would seem to be a necessary and proper party to this suit and thit any accounting concerning its property and business so entrusted to itaf agent bamberger ought to be made by and between said agent and his the central pacific coal and coke company the evidence also discloses the fact that the board of directors of the coal and coke company knew of the extension of the road being made and of the existence of the defendant california short line railway company and are charged with knowledge of what was being done and must have known that said coal and coke company were substantially doing business in the name of the sanpete valley railway company the motion for judgment for non suit is therefore sustained dated july 26 1889 HENRT G referee Ee feree |
