EWELL AND SON, INC. v. SALT LAKE CITY CORPORATION

No. 12166.

493 P.2d 1283 (1972)

27 Utah 2d 188

EWELL AND SON, INC., a corporation, Plaintiff and Respondent, v. SALT LAKE CITY CORPORATION, a corporation, Defendant and Respondent, Denver and Rio Grande Western Railroad Company, a corporation, Defendant and Appellant, Union Pacific Railroad Company, a corporation, Defendant and Appellant.

Supreme Court of Utah.

February 10, 1972.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall, & McCarthy, Thomas M. Burton, Salt Lake City, for Denver and Rio Grande Western Ry. Co.

A.U. Miner, D.A. Bybee, N.W. Kettner, S.A. Goodsell, J.C. Williams, Salt Lake City, for Union Pacific RR.

Worsley, Snow & Christensen, Reed L. Martineau, Salt Lake City, for Ewell & Son, Inc.

Jack L. Crellin, City Atty., Salt Lake City, for Salt Lake City Corp.


CROCKETT, Justice.

Plaintiff Ewell and Son, Inc., contractor, sued to recover for money claimed to be due beyond the amount stated in the basic contract in connection with the installation of a sewer line on west Ninth South Street in Salt Lake City which involved crossing under the tracks of the defendant railroad companies Union Pacific and D & RGW. Upon a trial to a jury verdicts were rendered in favor of the defendant Salt Lake City, but against the named...

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