The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-28
SUPREME COURT
REVERSES CASE
Notable Decision in Board of
Education Suit Against
Salt Lake Route.
INVOLVES UINTAH SCHOOL
NOT PROVED THAT USEFULNESS
is DESTROYED.

The supreme court yesterday in an
opinion held that railroad passing l2l
feet from a schoolhouse does not totally
destroy the property for school purposes.
Justice Frick wrote the opinion and II
was concurred in by Chief Justice Nc
Carly and Justice Straup.
The case was that of the San Pedro,
Los Angeles & Salt Lake Railway com
pany, appellant. against the board of ed
ucation of Salt Lake City. respondent,
and the verdict of the jury in tbs dis
trict court awarding the respondents ~
Oa9 damages is reversed and new trial
granted.
43ih feet was condemned by the appel
liant company. the land being portion
of the lot upon which the Uintah schooi
IS located. The land was used by the
railway company constructing thereon
track part of the main line to Los Ange-
les The board of education in fighting
the condemnation alleged that the pres
ence of track at that point Wouid ue,
stroy the efficiency of the school ana
prevent its further use. This view was
upheld in the district court and the board
awarded as damages the full value of the
property From this decision the railroad
company appealed.
In the opinion Judge Frick thus replies
10 the respondents contention that the
construction and operation of railroad
practically destroyed the school property
had TO be abandoned.
Incident of Progress.
The difficulty in this case lies in de-
termining what constitutes a total de-
struction of the property for school pur-
poses and in determining whether there
is any evidence in the record from which
this ultimate fact may be inferred or
deduced. 1t is argued that the evidence
is clearly to the effect that the operation
of a railroad located and constructed so
near the schOolhouse is constant me
. mace and source of danger to the chill
dren: that the noise and Earring incident
10 the passing of trains detracts the at
1ention of the pupils and breaks into the
recitations so that in a large manner it
affects, if not entirely destroys. the very
object and purposes of the school: that in
this respect it affects both teachers and
pupils and this in degree destroys the
efficiency of the school to any consider
able extent is tantamount to total de-
struction thereof for school purposes. We
cannot yield assent to this last pToposi-
ton as applicable to the appellant and
we believe that il can be demonstrated
that the conclusion is not sound.
All Are Affected.
In the state of modern progress" con-
tnues the opinion, land advancement in
city life there is scarcely any enterprise
or calling that is not TO some extent al
fected by some other calling or enter
prise Whether or not the effect is al
open question. To authorize the finding
that the property is wholly destroyed for
school purposes, the evidence must make
il appear that il is impraCticable TO con-
tinue the school by reason of the con-
struction and operation of the railroad.
What is meant is that ii must appear
that after reasonable effort upon the part
of the board of education and teachers TO
avoid the physical dangers and to over
come the interference from the operation
Of trains that it is no longer practical
to conduct the school,
The opinion then goes on to state that
this has not been shown by the evidence.
The contention is raised by the respond
ent that the amount of work required TO
keep the schools so located up to the
standard is more than that of schools
more favorably situated. 1t appears from
the evidence that the average failure of
promotion in the whole city is 5212 per
cent of the number Of scholars and that
i'm those schools situated near railroads
the average is only % per cent. The court
saws that il would be a different matter
were the school a hospital or other insti-
tuition whose usefulness might be per
manently impaired by the presence of a
railroad.