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Show SALT LAKE COUNTY IS LOSER OF CASE Snp re me Court Orders Reversal in Ae.fi on Over a Street. The supreme court handed down an opinion Friday in the case of Paulo Sowadzlii against Salt Lake county, to restrain tho county from opening up a street in tho southern part of the city running through a pari of her house, in which tho judgment of the Third district dis-trict court. Judge Morse presiding, in favor of the county, is reversed and tho cause remanded, with instructions to enter judgment in favor of Mrs. Sowadzki. In 1S01 Fred B. Dnnkosski platted a tract of ground just outside the city limits near .Eleventh South street, and laid the tract out into lots, rnuning a paper street known as Wabash avenue through the center from State to Second Sec-ond East street. In 1S0I Mrs. Sowadzki bought, a part, of the property, In 1007 the county commissioners decided to open up the street called Wabash avenue, ave-nue, but Mrs. Sowadzki objected, as to do this would necessitate the rearing down of her house. To restrain the countv from opening up the street, she brought suit in the Third district court, which gave judgment in favor uf the county: whereupon an appeal was taken tak-en to tho supreme court, which holds that a road outside tho city not worked or used for five rears ceases to be a road. The highway not having been opened for five years after its dedication, dedica-tion, it had been' abandoned. The opinion was written by dust ice Frick, his associates concurring. |