75 P. 748 | Utah | 1904
In tbis case tbe plaintiff claims tbe defendants unlawfully converted some of bis building material to tbeir own use, and seeks to recover damages therefor. From tbe record it appears that, after tbe plaintiff bad interposed bis evidence, a nonsuit was .granted as to tbe defendants Pleasant Yalley Coal Company and William G. Sharp, and the trial proceeded with as to tbe other defendants. It further appears that on, and after some time prior to, March 9,1901, tbe Utah Fuel Company owned certain coal lands in Carbon county, Utah, including tbe southwest quarter of section 32, township 14 south, of range 14 east, Salt Lake meridian, and was developing tbe Sunnyside coal mine on tbe land; that tbe Grassy Trail creek flows down a canon, and through that quarter section; that tbe plaintiff owned some land further down tbe stream than tbe coal land, which be irrigated from that creek, having previously appropriated all tbe water of tbe stream for that purpose; that, long before tbe date above mentioned, be .acquired a right of way for a ditch along tbe stream,
The judgment is affirmed, with costs.