143 P. 129 | Utah | 1914
Plaintiff’s predecessor, the Camp Floyd Railroad Company, organized in 1872, constructed in 1873 a narrow-gauge steam railroad from Sandy to Bingham Canyon, Salt Lake County, a distance of 16.13 miles. In the fall of 1875 it also built along a steep mountain side above the bed of the canyon a tramway from Bingham Canyon station to' what is known as the Spanish mines farther up the canyon a distance of 2.76 miles. To avail itself of the provisions of the act of Congress entitled “An Act granting to railroads the right of way through the public lands of the United States,” approved March 3, 1875 (Chapter 152, 18 Stat. 482) it, in September, 1875, filed with the Secretary of the Interior its articles of incorporation and proof of its organization and in September, 1876, filed with the register of the United States Land Office at Salt Lake City a profile and map of its road then built from Sandy to the Spanish Mines, which was' approved by the Secretary of the Interior in October, 1876. In 1881 the plaintiff, a railroad corporation, acquired all the rights and privileges of the Camp Floyd Railroad Company in and to the railroad and tramway. Below the tramway and along the canyon the defendant and his predecessors, since 1872, openly and uninterruptedly as owners, occupied a parcel of land 55.4 feet by 64 feet, known as lot 12, block 5, plat “A,” Wilkes’ Official Plat of the Town of Bingham Canyon, and since 1872 maintained and occupied buildings thereon, and about four years prior to the commencement of this action the defendant constructed a two-story brick building thereon at a cost of about $20,000; and, as the record shows, other buildings, dwellings, and store buildings, were constructed, occupied and maintained along the bed of the .canyon below the tramway since 1872. In 1876 a sub
Now the plaintiff claims title to one hundred feet of ground on either side from the center of the tramway. A line extending horizontally one hundred feet from the center of the tramway takés in the premises claimed by the defendant along the bed of the canyon and below the tramway. This action was brought to quiet title in the plaintiff to one hundred feet on each side of the tramway, including the parcel so occupied and claimed by the defendant. The defendant denied plaintiff’s title, pleaded title in himself to the parcel occupied and claimed by him, and by counterclaim prayed that the title thereto be quieted in him.
The ease was tried to the court. The findings show:
“First. That the plaintiff now is, and for several years last past has been, a railroad corporation duly organized and existing under and pursuant to the laws of Colorado, and Utah, and is, and has been for several years last past, the owner of, and engaged in operating as a common carrier a line of railroad in said states, together with various branch lines, and that there is now, and for several years last past has been, a branch owned and operated by the plaintiff and commonly known as the Bingham Branch, connecting with and leading from the plaintiff’s main line at Bingham Junction, now known as Midvale, Salt Lake County, State of Utah, and extending to Bingham Canyon, in Salt Lake County, Utah.
“Second. That on September 20, 1872, the Bingham Canyon & Camp Floyd Railroad Company was duly organized as a railroad corporation under the laws of Utah Territory, and by its articles of incorporation was authorized and empowered to build, construct, and operate a railroad beginning at Sandy, Salt Lake County, Utah, and from that place in a general westerly direction through Bingham Canyon end th@nce on to the town of Lewiston in Camp. Floyd mining
“That in September, 1875, the Bingham Canyon & Camp Floyd Railroad Company, for the purpose' of availing itself of the provisions of the Act- of Congress entitled ‘An Act granting to railroads the right of way over the public lands of the United States,’ approved March 3, 1875, filed with the Secretary of the Interior a copy of its articles of incorporation and due proof of its organization under the same, which were accepted and approved by him September 20, 1875; and that company for the like purpose, in September, 1876, filed with the register of the United States Land Office at Salt Lake City, Utah, which was the district where the lands over which its said road was built were located, a profile and map of its road as then built between Sandy and the Spanish Mines aforesaid, which was approved by the Secretary of the Interior October 20, 1876. This profile and map showed the line of route to be over and across the said west half of the east half of the northwest quarter of said section 26, township 3 south, range 3 west, Salt Lake Meridian,
“That said tramway was built with what is known as twelve-pound rails, which were laid within a space of twenty inches between the rails. • That the size of the ties upon which said rails were laid was four by four inches and four feet in length. The said tramway was too1 small and was not intended for use as an ordinary steam railroad equipped for the usual steam railroad rolling stock, and that said tramway was wholly unfit, insufficient, and impossible for steam railroad purposes. That said tramway was first used in the spring of 1876 and was used as a tramway and for tramway purposes only. That small tramway cars of a capacity of about three tons were used on said tramway. That said tramway cars were pulled upgrade by horses to the Spanish Mines and other mines to which said tramway extended or branched, and came downgrade by gravity and were used for carrying ores from the Spanish Mines and from other mines to which said tramway extended or branched, to the steam railroad terminal depot in Bingham Canyon, Utah, a.t which point ores carried in said tram cars were transferred from said tram cars to the steam railroad cars at said Bingham Canyon station, the ore being dumped from said tram cars into said steam railroad cars. That some time after July 10, 1876, said tramway was enlarged to twenty-four inches in width and thereafter to thirty-six inches in width, but that the same was intended as a tramway only, and was wholly unfit and insufficient and impossible for steam 'railroad purposes, and was used at all times when in use as a tramway for hauling ore from and supplies to the miners to which it extended, and not otherwise. That said tramway from the time of its construction until about 1881 was operated and maintained by the Bingham Canyon & Camp Floyd
“Third. That said tramway was built along the steep mountain side upon a steep grade, and that the route and right of way claimed by the plaintiff herein covers the premises described in defendant’s answer and which said premises are hereinafter described.
“Fourth. That the said premises have been occupied openly since 1872, and buildings have been there ever since said date,, and that the same are included in the west half of the east half of the northwest quarter of section 26, township 3 south, range 3 west, Salt Lake Meridian, and that the subdivision just described was duly located by Valentine Scrip in the United States Land Office at Salt Lake City, Salt Lake County, Utah, on February 9, 1876, by David H.
“Fifth. The premises of the defendant and which he and his predecessors have occupied and used and owned ever since July, 1876, are described as follows: * * *
“Sixth. That on the trial the plaintiff, in support of its allegation of ownership expressly and exclusively relied on the aforesaid Act of Congress approved March 3, 1875, and the various proceedings taken thereunder by the Bingham Canyon & Camp Floyd Railroad Company, as the foundation of plaintiff’s asserted title to the lands in question.
“Seventh. That section 26, township 3 south, range 3 west, Salt Lake Meridian, in which the premises in controversy are located, as well as other premises adjacent thereto, was first surveyed under the authority of the United States in June, 1873. The survey thereof was approved by_ the United States Surveyor General May 20, 1874; and on May 20, 1874, a duly certified copy of the town-site plat of survey of the premises thus surveyed was filed in the United States Land Office at Salt Lake City, Utah. That the records of - the United States Land Office of Salt Lake City, Utah, in which district the lands in question are located, show that prior to February 9, 1876, no entry had been made on or any right initiated in or to the west half of the east half of the northwest quarter of said section 26, where the premises in question are located.” ¡
The conclusions of law are:
The court accordingly rendered judgment quieting title in the defendant to the parcel occupied and claimed by him. Plaintiff appeals.
evidence show that plaintiff’s predecessor built a narrow-gauge steam railroad to Bingham Canyon, a distance of 16.13 miles. No railroad business was done beyond that point. From there, along a steep mountain side above the bed of the canyon, to the Spanish Mines, was constructed the tramway a distance of 2.76 miles. The findings, and the weight of the evidence show that it was put there to haul ore from the mines and in that connection supplies to the mines. It was leased to mine owners, who used and operated it only for such purposes. It was not suitable for any other purpose, and certainly not for the carriage of passengers or freight, or for carrying on a general railroad business; nor was it in fact, by the clear preponderance of the evidence, used or' operated for any purpose except to haul ore from and supplies to the mines. The gauge was but a twenty-inch gauge; the rails but twelve-pound rails; the cars operated over it but ordinary ore cars of the capacity of from two to three tons drawn up to the mines by horses and let down by gravity. Cars operated over the narrow-gauge road to' Bingham Can
The judgment is affirmed, with costs.