Show I Irr URT RT SETS ASIDE rr S I Il COMMISSION ORDER I l lie Utah sup supreme court urt in an written b by Justice J. J E. E Frick and j I purred in by all the justices except tice Gideon who concurs in part set et aside and annulled the order of Ip bic utilities commission in the ejof the Jacobs crossing In Weber nty July ly 5 1921 four persons were ed at this crossing while attempting Int cross the tracks of the Bamberger railroad About two years ri thereto two persons were killed the Uttie he same crossing the h public utilities commission at a arIng rIng ordered the crossing closed the theBe I Be being by a m majority of the com com- Islon on the ground that it was a ag g rous crossing It also ordered iI construction of a road J-Iely J ci 1 1200 feet in length and sixteen it wide the right of way to be bean an E ri shed by the Bamberger electric to a junction with the West high high- V west st of the viaduct in Weber I nty nt the construction of ot which uld be divided two-thirds two to the berger iberger Electric company and one- one Weber county he li h plaintiffs in the case the the Bam Bam- ger electric railroad Weber county J. J Brockbank and Murray Jacobs then filed an application the supreme court for a writ of ot lew ew against the commission alleg- alleg that the commission acted without n excess of its authority In making order which writ was granted h He allegation of the plaintiffs was tithe the commission had no and nd the supreme court held that evidence showed conclusively that crossing in question was a private Jand and maintained for the conven- conven ce and benefit of the plaintiffs and Jacobs This con conten- conten Iwas was sustained by the court and Jorder order of the public utilities com com- ten ten-I islon slon an was set aside |