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Show UNGOPEM to corioraiTH; Absence of Objection of Land Owner Constitutes Acquiescence in Use. On tha ground" that a roadway across privrito property doon not honic a public pub-lic highwty iinli'MH the owner consents to its una oh u highway or i'ails Lo mako oh-joction oh-joction to its use within ten yearn, the mi pre me court yontrrday handed down an dpi n ion affirming judgment of the di at rift, court for phitntir'r in the caB of JoM'jih N, Morris against Joseph Jllunt. as adniinifr t mtor of the eutate of: Jiinu Kf-ritcy. i 'J'ho lovs.'r court held that plaintiff1 wan entitled to nae the roadway across defendant's laud. Plain tit r! 'b property wan ho located that the only means of ingress and ereHs was over a road ulontf a canal through defendant's property. prop-erty. Defendant permitted plaintiff to use the road tor a number of years, though at various times defendant plowed up the road, piled stones upon it and finally fenced it in an effort to prevent plaintiff's further use of the road. Plaintiff cut tha fence and then brought suit to quiet title to the roadway road-way and to establish it as a permanent highway. The supreme court holds that defendant did not raise proper objection objec-tion to line of road within tho ten-year limit, hence the road is a permanent highway. In tho ease of the Holland-Cook Manufacturing Man-ufacturing company of Tacoma, Wash., against the Consolidated VVagon & Machine Ma-chine company of iSalt Lake, judgment of tho district court, awarding damages dam-ages to plaintiff in the sum of$1748.!H as da mages for breach of contract, is modified and the amount of damages allowed is reduced to $1604.34. The supreme court finds that the trial court allowed $44 too much to the plaintiff. Tho Salt Lake firm ordered three carloads car-loads of wooden silos, then canceled the order after the silos hod been shipped. The Tacoma company then brought suit to collect ou the contract. In the case of Alma F. Mallott against the Velio Motor Car company for alleged breach of contract, the supreme su-preme court dismissed the appeal on a technical legal point. Action ot the district court in granting grant-ing a non-suit in the case of the Salt Lake Engineering works against the Vtali Concrete Pipe company is sustained sus-tained hv decision of the supreme court. The action was brought to collect a balance of $2459.79, alleged to be due on an account. |