| Show fal THE SECOND answer filed in plain city irrigation case A cross complaint goes with 1 the suit promises to be ing the wright judgment sa as fled by payment county clerk preparing his report yesterday was rather a quiet day in second district court matters few papers being filed and not many olber mattera being presented clerk farr has started on his aemi annual report which will no doubt be a lengthy one the answer with a cooee coni plaint has been filed in the case of the pioneer electric power company john alien et al it will be remembered that a complaint was filed a few days ago in abia case in substance charging the defendants with willfully changing the course of the weber river from its natural oed and that because of such acts the water heretofore running ato ane canal will be also taken out of ite course and great damage will result to the crops etc that are being irrigated by eaid canal the prayer of the complaint asks that the defendants be restrained from so diverting the waters answering Ane the plaintiffs complaint the defendants john alien and thomas fay deny that the plaintiff company ever was the owner of the canal described in the complaint and that the plaintiff is entitled to the possession of any stream of water from weber river at the head gate of said canal and that the canal baa no connection with the weber river and no means of obtaining water the defendants deny that they have at any time threatened to interfere with plaintiffs use of its ditch or its use of water except by threatening to restrain the plaintiff by due diocese pio cese A law from committing the wrongs for a second defense and cross complaint the defendants say that john alien is the owner of the certain described real estate situate in weber county utah that on the day of june 1897 without any authority the plaintiff with force of arms entered upon said land described in the answer as the property of thomas fahey and by means of excavations diverted all of the waters of weber river into and upon the lands and caused the to now there and leave the natural bed of the to the creat and irreparable damage and injury of the defendants in that the water inundate and overflow the lands of the defendants and if not restored to the natural bed ot the weber river will continue so to co and now across and upon their land and will by force of the waters and current thereat wash away the landa of the defendant and render them available f r cultivation an im aud destroy bleir value the cross complaint com prayer for a tern horary injunction bendine pendine the cause restraining the plaintiff from entering upon or running water over the lands of the defendant and a final hearing thereof a mandatory mandi tory injunction may issue requiring the plaintiff to restore the stream of water to the of weber river to re fill the excavations that it has made and to prevent the eaid waters from flowing in or upon the lands of these defend ant and for judgment of and for general relief much interest no dolbt will be taken in this case oa lare quantities of fertile land have no means of irrigation except by the canal maginnis halverton Hal vereon are the attorneys for the defend ante the ja dament in the case ot jamee j alfred vs the southern pacific company wag salie fied yesterday by payment of the verdict interest and costs amounting to about 2 to the plaintiff wright ie the switchman who lott bia leg by having a train run over it in the carlin nevada yards omesime ome time in 1803 the case ha been in litigation for about four and has been a stubborn fight throughout marshalla Mare hallA royle of salt Lake City were the defendants attorneys while richards A macmillan handled the I 1 plaintiffs j |
