Hjorth v. Whittenburg

121 Utah 324 (1952)

241 P.2d 907

HJORTH et al.

v.

WHITTENBURG et al.

No. 7711.

Supreme Court of Utah.

Decided March 11, 1952.

Clinton D. Vernon, Atty. Gen., J. Lambert Gibson, Deputy Atty. Gen., J. Richard Bell, Asst. Atty. Gen., for appellants.

George S. Ballif and Ballif & Eggertsen, Provo, for respondents.

CROCKETT, Justice.

The question here involved is: Where the Utah State Road Commissioners acted in good faith to improve a highway, are they personally liable for consequential damages to adjacent property? We hold they are not.

In connection with certain improvements and changes in Highway U.S. 89,…