Salt Lake Tribune | 1916-12-23 | Page 5 | Judgment of Lower Court is Affirmed

JUDGMENT OF LOWER COURT IS AFFIRMED Supreme Tribunal Passes Upon Condemnation Condem-nation Case Originating at Bingham Bing-ham Canyon. In an opinion handed dowu yesterday, the supreme court affairms the judgment, judg-ment, of the district court in the condemnation con-demnation proceedings brought by the Bingham & Garfield" Railway company against the North Utah Mining company com-pany and William II. Wnldron, ('. A. Liddle and William Robbies, lessees from the North Utah Mining company. The railway company brought condemnation con-demnation proceedings ".gainst the mining min-ing company for a right of way. 'the right of way was allowed and a trestle built over the land. Tlio mining coni-jiiiiiv coni-jiiiiiv nnd the lessees declared that the runl'dins of the trestle would inlorfcre wil'i the miuiug oper.uio-js, esp- i:jM w'-ii dumping. The rnilw.iy con: p:iny thereupon offered to lunend it? re-i iost 1:1 sueh a manner as 10 p'jnmt of the dr.mpii g, advancing this, m ' reason why 1 1 ' 0 valuation which il sliould i;ay for damages should rnj lowered. The dj strict court refused " to admit th? aieeuiiment. Tl.'C supreme court hel l that in ("ri-le-iitiid 'on proceedings 1h original cc-CL'pnn'tr. cc-CL'pnn'tr. of the land had covvani :ig!it.; to tlie use of the condemned land, as the riiih; to run roads, img it ing AW cirf s and sindlnr necess:iry utiliii,Js .-icros it. lfc h.cit: that the, right nf dumping m tins ens was not one that V? railway company com-pany '-oultl assume t li right to gr.int or wltlihold, anrl that thert'.ive tho inil-.ay inil-.ay t.ompany could u it ;isk for lower asef-sn ent on this g-ou'i .. Tlio judgment of the Iowrr couit ot-drir.g ot-drir.g the payment of t 1U.'0 to ;he lese(s and $ll,6-0 to the mining company, com-pany, was therefore affirmed.