Kirk v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Third District; M. I. Ritchie, Judge. Action by Alice J. Kirie against Salt Lake City. Prom a judgment for plaintiff, defendant appeals. APPELLANTS POINTS. Before a suit of this kind can be maintained, a claim must be presented to the city council.
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Appeal from District Court, Third District; M. I. Ritchie, Judge. Action by Alice J. Kirie against Salt Lake City. Prom a judgment for plaintiff, defendant appeals. APPELLANTS POINTS. Before a suit of this kind can be maintained, a claim must be presented to the city council. The law applicable to thi3 case is to be found in Laws 1903, chap. 19, page 12. A statute requiring the presentation of a claim before suit is mandatory, and presentation is a condition precedent to maintain the action. (Fngstrom v. Minneapolis, 78 Minn. 200; ,.Bauslier v. St. Paul, 75 N. W. 745; Doyle v. Duluth, 76 N.…
1Opinion of the CourtFrick, J.
The plaintiff, respondent in this court, brought an action against defendant, appellant here, for personal injuries and damages sustained by her through the negligence of appellant in not keeping a certain street within the corporate limits in a reasonably safe condition for travel. In her complaint she alleges all the necessary averments constituting a cause of action, including the necessary elements of presentation and nonpayment of her claim as required by the act known as “chapter 19, p. 12, Laws of Utah, 1903.” The appellant answered, admitting its corporate capacity, and that the…
2Cases cited9 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Larson v. American Bridge Co.Washington Supreme Court · 1905
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Central Savings Bank v. O'ConnorMichigan Supreme Court · 1903
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3Cited by11 opinions
- Fauver v. WilkoskeMontana Supreme Court · 1949
- Morrison v. PerryUtah Supreme Court · 1943
- Spruce v. Chicago, R. I. & P. RY. CO.Supreme Court of Oklahoma · 1929
- Buhler v. MaddisonUtah Supreme Court · 1943
- Barnes v. Universal Tire Protector Co.Supreme Court of Oklahoma · 1917
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