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SALT LAKE, GARFIELD & W. RY. CO. v. ALLIED MATERIALS CO.

No. 8372.

4 Utah 2d 218 (1955)

291 P.2d 883

SALT LAKE, GARFIELD & WESTERN RAILWAY CO., A CORPORATION, PLAINTIFF AND RESPONDENT, v. ALLIED MATERIALS CO., A CORPORATION, AND KETCHUM BUILDERS SUPPLY CO., A CORPORATION, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 19, 1955.

Attorney(s) appearing for the Case

Fabian, Clendenin, Moffat & Mabey, Albert J. Colton, Salt Lake City, for appellants.

Ray, Quinney & Nebeker, Albert R. Bowen, Salt Lake City, for respondent.

WORTHEN, Justice.

Appeal from a decree entered in plaintiff's favor in a quiet title action. The facts are not in dispute.

Plaintiff operates a railroad extending west from Salt Lake City.

In 1897 plaintiff's predecessor, The Saltair Railway Company, instituted condemnation proceedings to increase the width of its right of way by 33 1/2 feet for a length of 899.25 feet. By a decree dated December 6, 1897, the district court in and for Salt Lake County...

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