Mackay v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by John Mackay against Salt Lake City, a municipal corporation. Judgment for plaintiff, and defendant appeals. APPELLANT^ POINTS. Tbe first question to be considered is whether or not the city is liable for the condition of a way not situate within the municipality proper.
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Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by John Mackay against Salt Lake City, a municipal corporation. Judgment for plaintiff, and defendant appeals. APPELLANT^ POINTS. Tbe first question to be considered is whether or not the city is liable for the condition of a way not situate within the municipality proper. The undisputed evidence shows that the place in question is anywhere from three to five miles from the business portion of the city. There are no streets opened up out there. Even boom-time plats were never opened up. This question is directly…
1Opinion of the CourtMcCARTY, J.
(after stating the facts.)’
The first contention made by appellant is that it cannot be held liable for the damages suffered by respondent, because the accident occurred on a road which is situated outside of, and a considerable distance from, the inhabited portion of the municipality. The evidence is undisputed that the city at and prior to the time of the accident exercised control over the bridge in question, and had on several occasions made repairs thereon. Bert Pratt, who was at "the time “bridge carpenter” for the city, was called as a witness, and testified that the planks which formed…
2Cases cited4 opinions
- City of Wyandotte v. WhiteSupreme Court of Kansas · 1874
- Noble v. PortsmouthSupreme Court of New Hampshire · 1892
- City of Salina v. KerrCourt of Appeals of Kansas · 1898
- Thomas v. Springville CityUtah Supreme Court · 1894
3Cited by11 opinions
- DeBry v. NobleUtah Supreme Court · 1995
- Hurley v. Town of BinghamUtah Supreme Court · 1924
- Ney v. HarrisonUtah Supreme Court · 1956
- Sweet v. Salt Lake CityUtah Supreme Court · 1913
- Berger v. Salt Lake CityUtah Supreme Court · 1920
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