Midgley v. Bergerman
Utah Supreme Court
Appeal from District Court, Salt Lake County; M. L. Bitchie, Judge. Action by Josbua A. Midgley against Jacob Bergerman' and another. From a judgment in favor of plaintiff, defendants appeal. APPELLANTS POINTS.
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Appeal from District Court, Salt Lake County; M. L. Bitchie, Judge. Action by Josbua A. Midgley against Jacob Bergerman' and another. From a judgment in favor of plaintiff, defendants appeal. APPELLANTS POINTS. It appearing conclusively from the testimony that the defendant Ford, at the time tbe alleged assault was committed, was a duly appointed, qualified, and acting deputy sheriff and acting under instructions from the sheriff and not defendant Bergerman the court should have instructed the jury to find the verdict against Ford alone and not against defendant Bergerman. {Jardine v.…
1Opinion of the Court
B APT OH, O. J.
This action was brought hy the plaintiff to recover damages for personal injuries which he alleges were inflicted upon him willfully and maliciously by the defendant Pord, act*20ing under the direction and employ of the defendant Ber-german. It appears that, at the time of the injury, Ber-german was the proprietor and manager of Calder’s Park, a certain pleasure resort; that he kept a saloon there; that the plaintiff and several companions went to the bar, and called for and drank beer; that thereupon others entered the saloon and also began drinking; that then a dispute arose and…
2Cases cited4 opinions
- Pence v. California Mining Co.Utah Supreme Court · 1904
- Hunt v. ElliottCalifornia Supreme Court · 1888
- Bailey v. BeckSupreme Court of Arkansas · 1879
- Archibald v. KolitzUtah Supreme Court · 1903
3Cited by1 opinion
- Mitchell v. ARROWHEAD FREIGHT LINES, LIMITEDUtah Supreme Court · 1950