Brown v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Lettie A. Brown against Salt Labe City. From a judgment for plaintiff, defendant appeals. APPELLANTS POINTS. The statute says, all claims for damages or injury must be presented to the city council. (Sec. 312, Laws 1903, p. 12.) A claim for death of a person must be presented to the city authorities.
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Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Lettie A. Brown against Salt Labe City. From a judgment for plaintiff, defendant appeals. APPELLANTS POINTS. The statute says, all claims for damages or injury must be presented to the city council. (Sec. 312, Laws 1903, p. 12.) A claim for death of a person must be presented to the city authorities. (Taylor v. Woburn, 130 Mass. 494; Madden v. Springfield, 131 Mass. 441.) Tbe requirement is reasonable and is mandatory, and a condition precedent to recovery. (Lincoln v. Grant, 55 N. W. 745; Dale v. Duluth, 76 N. W. 1029;…
1Opinion of the CourtPeioe, J.
The plaintiff brought this action to recover damages for the death of her son, a lad about eight years of age, alleged to have been caused through the negligence of the defendant in failing to guard the entrance into a certain waterway or conduit constructed and maintained by it. The pleadings require no special attention. The allegátions of the complaint were sufficient to admit proof of all the facts hereinafter stated, and the answer set forth all the matters in defense referred to in this opinion. The evidence coming from both sides fairly tends to establish the following facte: The city,…
2Cases cited24 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
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3Cited by73 opinions
- City of Trenton v. New JerseySupreme Court of the United States · 1923
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Standiford v. Salt Lake City Corp.Utah Supreme Court · 1980
- DeBry v. NobleUtah Supreme Court · 1995
- Weber, by and Through Weber v. SpringvilleUtah Supreme Court · 1986
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