Show IN sum CO coutry ETRy provo Cat canyons ivons rig right of way avay the cass of the rio eio grande western railway co plaintiff and respondent vs va the telluride power transmission co 06 was waa before the supreme court on wednesday action in this case was brought by the rio eio grands grande western company to quiet title to a certain piece of land iva ly I 1 inz ins south of the provo river in provo canyon feet vi wide ide and feet long the railroad company founded its ita claim a of I 1 title litle upon the act of congress which gave the right to all railroad companies to build a railroad through canyons and that this particular eec bec tion of land was necessary to its right of way the defendants claimed a right to the earne came property proD erty for the purpose 0 of building a dim and reservoir and set forth while there was room for both a railroad and the darn dam in the canyon the construction of the land would require the building of the railroad above the dam the defendants also claimed priority in point of time and right the case was heard last april before judge dusenberry Dusen barry who after the findings of the fact and conclusions of law had beon bean filed adjudged and decreed that the rio eio grande company was owner of the property and that the defendants had never acquired any r title to it the defendants gave notice of appeal holding that thattie the judgment odthe 0 the court not warranted by the evidence or the conclusions of cf law and findings of fast fact brown henderdon Hend hellerson Hen lerson ereon king are the atter attorneys neya jor for the defendants and sp pili ant and bannett bradley and thurman wedgwood for plaintiff and respondent |