Legal Opinion

JESPERSEN v. Deseret News Pub. Co.

Utah Supreme Court

Decided January 2, 1951No. 7443PublishedCited by 8 opinions

1Opinion of the Court

WADE, Justice.

Defendant appeals from a judgment awarding plaintiff $2,025 balance of the unpaid rent under the lease, $3,000 damages for the collapse of the rented building and $500 attorney’s fees. The question is presented: Does the evidence sustain the court’s finding that the building collapsed as the result of unreasonable use thereof by overloading and not as the result of only reasonable use or from damages caused by the elements ? If the answer to this question is in the affirmative, then the judgment must be approved; otherwise the award of damages to the property cannot be sustained…

2Cases cited4 opinions

  1. Powell v. OrphanageSupreme Court of Virginia · 1927
  2. Vaughan v. Mayo Milling Co.Supreme Court of Virginia · 1920
  3. Rustad v. LampertSupreme Court of Minnesota · 1921
  4. Cincinnati Oakland Motor Co. v. MeyerOhio Court of Appeals · 1930

3Cited by8 opinions

  1. Richard Barton Enterprises, Inc. v. TsernUtah Supreme Court · 1996
  2. Wade v. JobeUtah Supreme Court · 1991
  3. Western Properties v. Southern Utah Aviation, Inc.Court of Appeals of Utah · 1989
  4. P.H. Investment v. OliverCourt of Appeals of Utah · 1989
  5. Rosenbloom v. PosnerDistrict of Columbia Court of Appeals · 1954

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API