Soule v. Weatherby
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Emory W. Soule against Albert E-. Weatherby and others. Judgment dismissing action upon demurrer to the complaint. Plaintiff appeals.
1DissentMcCARTY, J.
It is alleged in the complaint that the excavation, which was twenty feet wide and eight feet deep, extended across the entire width of a “certain public sidewalk, part and parcel, of said Washington Avenue, the main thoroughfare of the city of Ogden.” It is also alleged that “defendants had carelessly and negligently failed to erect proper, or any, guards or means to prevent persons passing along said walk from falling into said areaway, and had negligently and carelessly *590failed and omitted to place any signs or warnings whatever of the existence of said excavation or areaway.” It is further…
2Cases cited26 opinions
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Board of Commissioners v. PearsonIndiana Supreme Court · 1889
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Consumers Electric Light & Street Railroad v. PryorSupreme Court of Florida · 1902
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