Legal Opinion

Lowe v. Salt Lake City

Utah Supreme Court

Decided March 24, 1896No. 605PublishedCited by 32 opinions

Appeal from the district court of the Third judicial district, Territory of Utah, Hon. S. A. Merritt, Judge. Action by William Lowe against Salt Lake City for damages sustained by his falling into- a hatchway while crossing the back yard of the city hall at night. From a judgment for plaintiff, defendant appeals.

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Appeal from the district court of the Third judicial district, Territory of Utah, Hon. S. A. Merritt, Judge. Action by William Lowe against Salt Lake City for damages sustained by his falling into- a hatchway while crossing the back yard of the city hall at night. From a judgment for plaintiff, defendant appeals. Haying gone where he had no right to go, plaintiff became a trespasser, and cannot recover in this action. 1st Adison on Torts, par. -229, p. 254; Bishop Non-Contract Law, sec. 866; R. & O. R. R. Co. v. Schwindler, 101 Pa. St. 258, and cases cited in the opinion to the case. On page…

1Opinion of the Court

Bartch, J.:

This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff because of the negligence of the defendant. It is admitted in the record that the defendant rented a portion of the city hall to the legislature, as a legislative chamber, for the purpose of holding its session in 1889 therein, and received rent for the same, and that the legislature was rightfully there. The material facts shown by the evidence are, in substance, that the defendant was the owner and occupant of the premises in question, at the time in question; that the…

2Cases cited18 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  3. Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
  4. Mullen v. . St. JohnNew York Court of Appeals · 1874
  5. Beck v. . CarterNew York Court of Appeals · 1877

13 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
  2. Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
  3. Capp v. City of St. LouisSupreme Court of Missouri · 1913
  4. State v. KingUtah Supreme Court · 1902
  5. Lunt v. Post Printing & Publishing Co.Supreme Court of Colorado · 1910

27 more not listed; retrieve them via the Exa API.

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