Eddington v. Union Portland Cement Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Henry W. Eddington against Union Portland Dement Company. Judgment for defendant. Plaintiff appeals. appellant's points.
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Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Henry W. Eddington against Union Portland Dement Company. Judgment for defendant. Plaintiff appeals. appellant's points. The duty to provide a reasonably safe place, as well as reasonably safe machinery in which and with which the servants are employed rests upon the employer or master and is one which cannot be delegated to an agent or servant so as to escape responsibility for their negligent performance. (Anderson v. Dailey Mining Company, 16 TJtah, 28; Pool v. Southern Pacific Company, 20 IJtah, 210; Wood v.…
1Opinion of the CourtEeick, J.
This is an appeal from a judgment dismissing the action after sustaining a general demurrer to the complaint. Before proceeding to a consideration of the merits, we are-required to dispose of the motion interposed by respondent to dismiss the appeal. The motion is based upon two principal grounds: (1) That no undertaking on appeal, as provided by Comp'. Laws 1907, sec. 3305, has been filed; and *278(2) that the alleged 'affidavit, filed in lien of an undertaking on appeal, is insufficient and unauthorized, for the reasons hereinafter stated.
Compiled Laws 1907, sec. 1017, on which the affidavit…
2Cases cited1 opinion
- Hoagland v. HoaglandUtah Supreme Court · 1898
3Cited by5 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Sheppick v. SheppickUtah Supreme Court · 1914
- Blackmarr v. City Court of Salt Lake CityUtah Supreme Court · 1934
- Dunn v. Salt Lake & O. Ry. Co.Utah Supreme Court · 1915
- Lauren W. Gibbs, Inc. v. Monson, SEC. of StateUtah Supreme Court · 1942