From Casetext: Smarter Legal Research

Weber Basin Water Conservancy Dist. v. Moore

Supreme Court of Utah
Jul 6, 1954
272 P.2d 176 (Utah 1954)

Opinion

No. 8134.

July 6, 1954.

Appeal from the Third Judicial Court, Salt Lake County, Martin M. Larson J.

Howell, Stine Olmstead, Ogden, E. J. Skeen, Salt Lake City, for appellant.

J. Lambert Gibson and James E. Faust, Salt Lake City, for respondents.


Appeal from a judgment condemning land for a dam, the plaintiff urging that there was no evidence to support the lower court's finding as to the value of the land taken. Reversed and remanded for a new trial, with costs to plaintiff.

The record indicates that the $31,025 which the lower court found was the value of the land taken, is at least $1,800 in excess of any competent testimony given. In urging otherwise, defendants say that "a simple perusal of the transcript gives figures which the court obviously used since the result agrees to a penny with the conclusions of the lower court," and point to testimony that there were 65 acres valued at $21,125, 18 acres at $7,200 and 150 acres at $2,700, totalling $31,025, the exact amount found by the court. Difficulty lies in the fact that the number of acres upon which the amounts were calculated by the witnesses was 233, whereas only 219.3 acres were sought to be and were condemned. It seems, therefore, that the finding was arrived at from testimony based on mistaken acreage.

Counsel urge, however, that if the testimony does not sustain the figure found, the view of the premises by the court can be treated in the nature of evidence and would justify the higher figure of value which no other evidence supported. Although courts are reticent in upsetting findings or verdicts after a view has been indulged, we do not believe the function of a view is to supply evidence totally lacking, but rather to assist in interpreting and resolving differences in evidence adduced under appropriate rules and procedure.

McDONOUGH, C. J., and CROCKETT, WADE, and WORTHEN, JJ., concur.


Summaries of

Weber Basin Water Conservancy Dist. v. Moore

Supreme Court of Utah
Jul 6, 1954
272 P.2d 176 (Utah 1954)
Case details for

Weber Basin Water Conservancy Dist. v. Moore

Case Details

Full title:WEBER BASIN WATER CONSERVANCY DIST. v. MOORE et al

Court:Supreme Court of Utah

Date published: Jul 6, 1954

Citations

272 P.2d 176 (Utah 1954)
2 Utah 2

Citing Cases

Von Holt v. Izumo Taisha Kyo Mission

" In Weber Basin Water Conservancy Dist. v. Moore, 2 Utah (2d) 254, 272 P.2d 176 (1954), a proceeding in…

JOHN C. CUTLER ASSOCIATION v. DE JAY STORES

Accordingly we are compelled to modify the judgment as to that item. See Weber Basin Water Conservancy…