Cole v. Kloepfer

WADE, Justice.

Appeal from a judgment dismissing with prejudice at the end of plaintiff’s case her action for personal injuries caused by defects in a sidewalk, on the grounds of contributory negligence.

The evidence disclosed that in May, 1947, respondents dug a trench for water and sewer pipes in front of a home at about 263 East Third South Street, in Logan, Utah. In digging this trench, respondents tore up about a 10 by 5 foot strip of sidewalk lying to the south of the house. When the trench was backfilled with a bulldozer a depression was left from the center of which some large blocks of…