Lee v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by Hattie Lee against Salt Lake City. From a judgment for plaintiff, defendant appeals. APPELLANT’S POINTS. A city is under no duty to maintain, or to use any care to maintain, its sidewalks in a safe condition for bicyclists to ride upon. Bicyclists form a comparatively small portion of the public and such a rule would necessitate the expenditure of jiublic funds for private use.
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Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by Hattie Lee against Salt Lake City. From a judgment for plaintiff, defendant appeals. APPELLANT’S POINTS. A city is under no duty to maintain, or to use any care to maintain, its sidewalks in a safe condition for bicyclists to ride upon. Bicyclists form a comparatively small portion of the public and such a rule would necessitate the expenditure of jiublic funds for private use. (Gagmer v. Fargo [N. D.], 88 N. W. 1030; Lee v. Port Huron [Much.], 87 N. W. 637; Morrison v. Syracuse [N. Y.], 61 N. Y. S. 313; Sutphen v.…
1Opinion of the CourtStkaup, J.
1. This action was brought by the plaintiff against the defendant to recover damages for an injury sustained by her through a defective sidewalk while she was riding a bicycle. The defect, as described on behalf of plaintiff, was an irrigating ditch across the walk, eight to eighteen inches deep, fifteen to eighteen inches wide, and mostly filled with leaves. The ditch, as described on behalf of the defendant, was saueer-like in its construction, two and one-half inches deep, and twelve to fifteen inches wide. The jury rendered a verdict in favor of plaintiff, and the defendant appeals. 2.…
2Cases cited15 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- City of Chicago v. McGivenIllinois Supreme Court · 1875
- Brunker v. CumminsIndiana Supreme Court · 1892
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
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3Cited by1 opinion
- Francis v. Southern Pac. Co.Court of Appeals for the Tenth Circuit · 1947