Morris v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action to recover damages for injury to property by Thomas Morris against Salt Lake City and S-. Birch. From a judgment for plaintiff against Salt Lake City it appeals, and from a judgment for defendant S. Birch plaintiff appeals. APPELLANT, SALT LAKE CITY^S AUTHORITIES.
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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action to recover damages for injury to property by Thomas Morris against Salt Lake City and S-. Birch. From a judgment for plaintiff against Salt Lake City it appeals, and from a judgment for defendant S. Birch plaintiff appeals. APPELLANT, SALT LAKE CITY^S AUTHORITIES. There can be no question but that the city has absolute control over the streets of the city, and that it could have removed the trees entirely without notice to the plaintiff, and such action would have made it liable only in case of abuse of its…
1Opinion of the CourtPrick, J.
This is an action for damages, which, it is alleged, were caused to plaintiff’s property through the alleged unnecessary and negligent cutting of the roots of his trees standing and growing in a p-ublic street in front of his dwelling. The alleged injury and damages arose primarily out of the laying of a cement or concrete sidewalk by the .defendant city in front of plaintiff’s property. The defendant Birch was made a party to the action as a.contractor doing the work for the city under a contract with it.
The city disclaimed liability upon various grounds, one of which is that the defendant…
2Cases cited12 opinions
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- City of Anderson v. FlemingIndiana Supreme Court · 1903
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- City of Atlanta v. HollidaySupreme Court of Georgia · 1895
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Gallegos Ex Rel. Gallegos v. Midvale CityUtah Supreme Court · 1972
- Niblock v. Salt Lake CityUtah Supreme Court · 1941
- City of Hattiesburg v. HillmanMississippi Supreme Court · 1954
- Christean v. Industrial CommissionUtah Supreme Court · 1948
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