Salt Lake Telegram | 1935-09-17 | Page 8 | City Ordered to Pay $6250

CITY ORDERED TO PAY Salt SaIl Lake City faced a judgment of ot Tuesday n as a result of ot a year old water law suit for tor which a 3 decree was on file filc Tuesday in district court Appeal from the district court finding made by former Judge James H. H Wolfe VoICe who is ts now a mem mom of ber-of the supreme court will probably probably probably ably be taken counsel for the plaintiffs plain plaintiffs tiffs indicated The suit was filed tiled August 13 1932 by Vincent E. E Shurtliff Sadie E. E Lyman E. E and Benjamin H. H Shurtliff Shurtliff liff and James ames E. E Gillespie seeking damages and an injunction against the city restraining it from using certain Big Cottonwood wa wa- wa ter The plaintiffs own 70 acres near the mouth of the canyon The injunction was denied Likewise Likewise Like LUte wise was the bulk built of ot damages claimed by plaintiffs Judge Wolfe allowing only 48 with interest at 8 per per cent from I September 30 1931 as damages However the judge decreed that one of ot two judgments should be paid pal by the tho defendent Salt Lake City the city to elect which it should pay This plan provided for as val value e of ot the land without Big Cottonwood Cottonwood Cottonwood Cot Cot- water rights leaving only the stream flow from from July 1 to April 1 of each year for foi Irrigation irrigation mn- mn gation water or payment of ot 2050 plus 29 shares of or T Tanner Ditch company com corn pany stock thus thus providing a cash settlement in addition to irrigation water entitled under the shares of ditch company stock Failure of ot the city to make an election resulted in Judge Wolfe decreeing the should be paid The case was tried for 28 days in district court starting December 6 1932 and reopened for trial June 26 1933 for an additional five days