Tucker v. Salt Lake City
Utah Supreme Court
Appeal from the District Court of tbe Third Judicial District, Hon Chas. S. Zane, Jitdge. Action by Elizabeth B. Tucker and her husband against Salt Lake City for damages for personal injuries to the wife caused by a defective sidewalk. From a judgment for plaintiffs, defendant appeals. The court erred in allowing the witnesses to give their opinion as to whether or not the sidewalk was dangerous.
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Appeal from the District Court of tbe Third Judicial District, Hon Chas. S. Zane, Jitdge. Action by Elizabeth B. Tucker and her husband against Salt Lake City for damages for personal injuries to the wife caused by a defective sidewalk. From a judgment for plaintiffs, defendant appeals. The court erred in allowing the witnesses to give their opinion as to whether or not the sidewalk was dangerous. It is a pure question of fact, and not of science or skill, and expert testimony is not proper and the opinions of witnesses are inadmissible. Montgomery v. Scott, 34 Wis. 338; Oleson v. Talford, 37…
1Opinion of the Court
Meeeitt, C. J. :
This action was brought by plaintiff and her husband, who has since died, against the city of Salt Lake. The complaint alleges that on or about the 1st day of August, 1890, in front of the livery stable formerly known as Mc-Kimmin's stables on the north side of Third South street, between Main and West Temple streets, the said city made, constructed, and caused to be constructed and putdown an iron, glass and cement sidewalk, a portion of which was negligently, wilfully, and knowingly constructed on a sharp decline, making a steep and slippery descent,, dangerous, etc.; that…
2Cases cited2 opinions
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
- Hopkins v. Ogden CityUtah Supreme Court · 1888
3Cited by4 opinions
- Herndon v. Salt Lake CityUtah Supreme Court · 1908
- Fred W. Wolf Co. v. Salt Lake City Brewing Co.Utah Supreme Court · 1894
- Jensen v. Logan CityUtah Supreme Court · 1938
- Soule v. WeatherbyUtah Supreme Court · 1911