Moss v. Christensen-Gardner, Inc.

McDonough, justice.

Plaintiff has appealed from a judgment of the lower court dismissing her complaint on the ground that it failed to state facts sufficient to constitute a cause of action. The only substantial question raised on appeal is whether the allegations of the complaint show that appellant was guilty of contributory negligence as a matter of law.

The complaint alleges that at the time and place in question defendant was constructing an underpass under a contract with the Utah State Road Commission. It then sets forth facts showing that a barricade was erected by defendant across the…