Wold v. Ogden City

HENRIOD, Justice.

Appeal from an order granting motions to dismiss plaintiff’s action for injuries allegedly sustained when he fell into a trench dug by defendant Wheelwright Company, contractor for Ogden City. Affirmed with costs on appeal to defendants.

The motions were based on 4 grounds: that plaintiff’s proposed proof as presented in the statement to the jury showed that plaintiff was 1) contributorily negligent, 2) *272assumed the risk of injury, that 3) defendants were not negligent, but if so 4) there was no proximate causal connection with the injuries. The court did not indicate the…