SUMMIT VIEW, INC. v. W.W. CLYDE & COMPANY

No. 10139.

17 Utah 2d 26 (1965)

403 P.2d 919

SUMMIT VIEW, INC., A CORPORATION, PLAINTIFF AND RESPONDENT, v. W.W. CLYDE & COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

July 12, 1965.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Grant Macfarlane, Jr., Salt Lake City, for appellant.

Earl D. Tanner, Salt Lake City, for respondent.


HENRIOD, Chief Justice.

Appeal from a non-jury damage judgment for loss of mink because of noise engendered by defendant's heavy equipment. Affirmed with costs to plaintiff.

Several points on appeal were urged, only one of which we consider canvassable here, i.e., insufficiency of evidence.

Plaintiff had a mink facility near a highway which was being constructed by defendant under a state contract.

Mink are strange in that once a year between...

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