Legal Opinion

Davis v. Mellen

Utah Supreme Court

Decided July 11, 1919No. 3334PublishedCited by 8 opinions

Appeal from District Court, Third District, Salt Lake County; B. B. Porter, Judge. Action by John B. Davis against J. W. Mellen and George H. Sims and others, copartners doing business under firm name and style of Salt Lake Transfer Company. Judgment for plaintiff after dismissal of action against the partnership, and Mellen appeals.

1Opinion of the CourtCoefman, C. J.

Plaintiff brought this action in the district court of Salt Lake county to recover damages alleged to have been sustained by him through the negligence of the defendants while he was driving his automobile on State street, a public highway leading from the south into Salt Lake City. At the trial plaintiff dismissed his action as to the defendants constituting the partnership Salt Lake Transfer Company, and then proceeded against Mellen alone, whom we shall hereinafter refer to as defendant.

Mellen was a contractor engaged by the State Boad Commission hereinafter referred to as the commission,…

2Cases cited3 opinions

  1. Dayton v. FreeUtah Supreme Court · 1914
  2. Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
  3. Callahan v. Salt Lake CityUtah Supreme Court · 1912

3Cited by8 opinions

  1. Pittman v. SatherIdaho Supreme Court · 1947
  2. Freigy v. Gargaro Company, Inc.Indiana Supreme Court · 1945
  3. Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
  4. Hansen v. ClydeUtah Supreme Court · 1936
  5. Ferguson v. Ben M. Hogan CompanyDistrict Court, W.D. Arkansas · 1969

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