WEBER BASIN WATER CONSERVANCY DISTRICT v. BRAEGGER

No. 8835.

8 Utah 2d 346 (1959)

334 P.2d 758

WEBER BASIN WATER CONSERVANCY DISTRICT, PLAINTIFF AND APPELLANT, v. DAVID BRAEGGER, JOHN R. LARKIN, ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 30, 1959.


Attorney(s) appearing for the Case

Howell, Stine & Olmstead, Ogden, E.J. Skeen, Salt Lake City, for appellant.

George M. Mason, Brigham City, Robert B. Porter, Salt Lake City, Joseph C. Foley, Ogden, for respondent.


HENRIOD, Justice.

Appeal from a judgment entered on a verdict in condemnation proceedings. Remanded with instructions. Costs to plaintiff.

The plaintiff water conservancy district urges error because of: 1) lack of competent evidence to support the jury's assessment of damages for the land taken ($43.519) and that not taken ($11,800), aggregating $55,319; 2) inadequacy of an instruction relating to severance damages; and 3) withdrawal from the jury of evidence...

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