GILLMOR v. CARTER

No. 9993.

15 Utah 2d 280 (1964)

391 P.2d 426

EDWARD L. GILLMOR, EDWARD LESLIE GILLMOR AND C. FRANCIS GILLMOR, JR., AND THE ISLAND RANCHING COMPANY, FORMERLY KNOWN AS ISLAND IMPROVEMENT COMPANY, PLAINTIFFS AND RESPONDENTS, v. ELWOOD B. CARTER, D/B/A SERVICE SALT COMPANY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

April 27, 1964.


Attorney(s) appearing for the Case

William H. Henderson, Salt Lake City, for appellant.

Allen H. Tibbals, Salt Lake City, for respondents.


WADE, Justice.

This appeal is by defendant Elwood B. Carter, doing business as Service Salt Company, from a summary judgment wherein he was enjoined from using a road, which traversed property owned by the Gillmors, for the purpose of hauling salt or other minerals from Great Salt Lake. The court reserved for trial, however, the question of whether appellant had obtained a prescriptive right to personally travel over this road by jeep, passenger car or panel truck...

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