Naylor v. Salt Lake City
Utah Supreme Court
Appeal from a judgment of the district court of the third district and from an order refusing a new trial, Hon. Charles S. Zane, judge. The appeal was taken only by the defendant Salt Lake City. The abstract in this case did not show that the requests to charge were incorporated in the statement, nor that the charge of the court was incorporated therein, nor that any assignment of errors was contained therein.
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Appeal from a judgment of the district court of the third district and from an order refusing a new trial, Hon. Charles S. Zane, judge. The appeal was taken only by the defendant Salt Lake City. The abstract in this case did not show that the requests to charge were incorporated in the statement, nor that the charge of the court was incorporated therein, nor that any assignment of errors was contained therein. As to the questions asked on cross-examination, all the record showed was this: Judge Howatt for the stone company, defendant, finished his examination, then Mr. Critch-low,…
1Opinion of the Court
MINER, J.:
This action was brought by the plaintiff against the defendant for damages sustained by him through the alleged negligence of the defendant in permitting obstruction and stone piles to remain in one of the streets of Salt Lake City without being properly guarded and lighted.
It appears that the plaintiff was driving his horse and cart along one of the most populous business streets in the center of the city on the night of December 7, 1891, at a moderate pace, when .the wheels of the cart ran upon 'a stone pile placed within a few feet of the city railway track, which overturned the…
2Cited by5 opinions
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- City of Greenville v. MiddletonMississippi Supreme Court · 1920
- DeBry v. NobleUtah Supreme Court · 1995
- Smith v. FisherUtah Supreme Court · 1902