Rio Grande Western Railway Co. v. Stringham

• Decision Date: 06 May 1911
• Docket Number: 2211
• Citation: 39 Utah 236,115 P. 967
• Court: Utah Supreme Court
• Parties: RIO GRANDE WESTERN RAILWAY COMPANY v. STRINGHAM et al

115 P. 967

39 Utah 236

RIO GRANDE WESTERN RAILWAY COMPANY v. STRINGHAM et al

No. 2211

Supreme Court of Utah

May 6, 1911

Rehearing Denied May 29, 1911.

APPEAL from District Court, Third District; Hon. C. W. Morse, Judge.

Action by the Rio Grande Western Railway Company against Thomas B Stringham and others.

From the judgment, plaintiff appeals.

AFFIRMED.

Van Cott, Allison & Riter for appellant.

A Duncan and N.W. Sonnedecker for respondents.

McCARTY, J. FRICK, C. J., and STRAUP, J., concur.

OPINION

McCARTY, J.

Plaintiff, the appellant, here, brought this action to quiet title to a right of way two hundred feet in width for a railroad track through certain lands belonging to defendants. Judgment was rendered dismissing plaintiff's complaint for want of equity, except as to twelve and one-half feet on each side of the track. To reverse the judgment, plaintiff appealed to this court on the judgment roll. This court reversed the judgment and remanded the cause to the district court, with directions to that court to vacate its conclusions and judgment theretofore made and entered, and "to make conclusions and render and enter judgment awarding to the plaintiff title to a right of way over the lands in question one hundred feet wide on either side of the center of the track." For a more detailed statement of the facts, we invite attention to the opinion as published in 38 Utah 113, 110 P. 868.

On receipt of the remittitur from this court, the district court vacated its conclusions of law and judgment theretofore made rendered, and entered, and in pursuance of the decision and order of this court found as conclusions of law: "(5) That the plaintiff is entitled to a decree quieting its title to a right of way over the premises described to the extent of one hundred feet on each side of the center of the track." The judgment entered recites, so far as material here, that "by virtue of the law and the matters aforesaid it is hereby ordered, adjudged, and decreed: That the plaintiff is the owner of a right of way over the following described premises, situated in Salt Lake County, State of Utah: (Then follows a description of the right of way in question.) That the title of the plaintiff to such right of way is good and valid, and the defendants are forever enjoined and debarred from asserting any claim whatever in or to said land and premises, or any part thereof, adverse to the plaintiff's...