14 Utah 47 | Utah | 1896
The plaintiff in this case alleges that he is the owner of certain mining claims named in the complaint; that on the 16th day of October, 1895, the defendant company entered, with a large force of men, upon the mining claims of plaintiff, dug a trench thereon for the purpose
Defendant assigns as error the making ¡of said order, and that the proofs d-o- not establish facts which constitute any ground of equitable relief, and because all the equities -of the bill were denied in the answer, and a complete defense affirmatively interpo-sed under the statutes of Utah in relation to eminent domain. The plaintiff takes issue upon this contention, and claims that section 2788, Gomp. Laws Utah 1888, a® amended, under which the condemnation proceeding's were had, is uncon
But when the title is not disputed, or has been settled by an action at law, and the plaintiff is shown to be liable to irreparable injury by continued acts of trespass, or such acts will result in the destruction of his property, then the fact that the defendant is willing and able to pay for the damage is immaterial, for in such a case there is no means of determining whether the value would compensate the plaintiff for its destruction. While this is so in such cases, yet if no appreciable injury will arise by the acts done or threatened to be continued,it does not follow that the same rule prevails, as a matter of course, in cases where the title or right is in 'dispute. Injunctions are not usually granted to- restrain a trespass, merely because it is such, without showing the property itself trespassed upon has some peculiar value that could not admit of due recompense, or that it would be destroyed by repeated or continuous acts of trespass.
This alleged threatened continuation of the trespass by continuing the pipe line over the plaintiff’s land is therefore the principal ground upon which the injunction may have 'been granted. All the allegations in the complaint are denied, so far as they are material, except the ownership of the claims in question, and the trespass alleged is attempted to be justified upon proceedings taken under the statute for condemnation. The title or right of the defendant to lay its pipe line is therefore in dispute. The damages, if any, in laying the pipe line, are not shown to be more than merely nominal. The defendant is shown to be .operating a mine, with 150 men employed. The land over which the pipe line would run is alleged to be rocky and barren, and is not shown to be
In Bassett v. Manufacturing Co., 47 N. H. 437, the court says: “The power to grant injunctions to prevent injustice has always been regarded as peculiar and extraordinary. It is not controlled by ordinary and techni
It appears to us that to continue the restraining order until the hearing may work great injury to one of the parties, without corresponding benefit to' the 'Other, and that the plaintiff has his remedy in damages. If it is finally decided that the law is constitutional, and the proceedings regular, then the plaintiff will be bound by the decree made by the arbitrators; otherwise he will be entitled to- recover damages for whatever injury he has sustained by reason of the acts complained of. The restraining order appealed from, granting the injunction pendente Ute, is set aside and reversed.