Barboglio v. Gibson – Case Brief Summary (Utah)

In Barboglio v. Gibson, 61 Utah 314, 213 P. 385 (1923), the Court did not deny injunctive relief because the railroad improvements were well under way when the plaintiff demanded relief, as defendants claim.

Rather, the Court denied the injunction because the railroad was exercising a statutory right when it obstructed the road. See 61 Utah at 324, 213 P. at 389.

The Court further noted that the statute granting railways the right to take over public highways rendered a public service because of the importance of railroads. See 61 Utah at 321, 213 P. at 387.