Dwyer v. Salt Lake City
Utah Supreme Court
Appeal from the Third District Court, Salt Lake Couuty, Hon. A. N. Cherry, Judge. Action by plaintiff to recover damages for personal injuries alleged to have been received by plaintiff through^ negligence of defendant. From a judgment for plaintiff, defendant appeals. Tbe court erred in not granting defendant’s motion fo a non-suit at tbe close of plaintiff’s testimony.
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Appeal from the Third District Court, Salt Lake Couuty, Hon. A. N. Cherry, Judge. Action by plaintiff to recover damages for personal injuries alleged to have been received by plaintiff through^ negligence of defendant. From a judgment for plaintiff, defendant appeals. Tbe court erred in not granting defendant’s motion fo a non-suit at tbe close of plaintiff’s testimony. Tbe plaintiff knew of tbe excavation made in front of bis premises, four or five months prior to tbe nigbt of tbe injury, and had observed it daily during that time. Where tbe facts are undisputed, and but one reasonable…
1Opinion of the CourtBaetch, C. J.
This was an action to recover- damages for personal injuries alleged to have been received by the plaintiff through the negligence of the defendant. The testimony shows, substantially, that in the latter part of the year 1894, the defendant city, in grading on North Temple street, where the plaintiff resided, made an excavation immediately in front of his premises, and left, at the outer edge of the sidewalk, unguarded and unprotected, an embankment, nearly perpendicular, and about two and *524a balf to three feet high. On the night of January 11, 1895, the plaintiff, while going from the house…
2Cases cited14 opinions
- Giraude v. Elec. Improvement Co. of San JoseCalifornia Supreme Court · 1895
- Lowell v. Township of WatertownMichigan Supreme Court · 1885
- Nichols v. Incorporated Town of LaurensSupreme Court of Iowa · 1895
- Kelly v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1888
- Weare v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
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3Cited by6 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Meindersee v. MeyersCalifornia Supreme Court · 1922
- Jacobson v. Oakland Meat & Packing Co.California Supreme Court · 1911
- Bowman v. Ogden CityUtah Supreme Court · 1908
- Roberts v. City of FairbornOhio Court of Appeals · 1956
1 more not listed; retrieve them via the Exa API.