North Salt Lake v. St. Joseph Water & Irr‪.‬

LATIMER, Justice. This suit was instituted in the court below by the town of North Salt Lake to condemn the water rights and water system of the St. Joseph Water and Irrigation Company, a public utility, and a 600 foot pipe line extension belonging to the defendant Lauren W. Gibbs. The plaintiff will be referred to as the town, the St. Joseph Water and Irrigation Company as the water company, and the other parties by their real names. The trial court permitted the town to condemn the system of the water company, but prior to the time the jury returned its verdict on the amount of damages the court granted the towns motion to dismiss as to defendant Lauren W. Gibbs. The jury assessed the damages suffered by the water company; that dispute has been settled, and that part of the law suit no longer concerns us. The appeal with which we are concerned is by Lauren W. Gibbs and Dora Squires, C. Y. Robinson and Mary Godbe Gibbs.