Legal Opinion · Dissent

Pennock v. Newhouse Realty Co.

Utah Supreme Court

Decided August 9, 1939No. 6053Published

1DissentWolfe, Justice

I think that while the complaint may be inartfully drawn, and perhaps too generously assigns every omission conceivable under the circumstances as negligence, it sufficiently puts the defendant on notice of what it intended to charge as proximate causes of the injury. The complaint is good even tested by the rules laid down in the prevailing opinion. The complaint in this case did not allege mere possession of a scalding pot of grease. It alleges with great particularity the placing of the hot grease in such position that it created a condition hazardous to this plaintiff, toward whom…

2Cases cited2 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Barrus v. Western Union Telegraph Co.Utah Supreme Court · 1936

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