Benally v. Robinson

CROCKETT, Justice.

Plaintiffs appeal from a summary judgment in favor of the defendants Edmunds and Duncan; and from a jury verdict and judgment in favor of defendant Robinson.

Plaintiffs are the wife and daughter of Thomas Dee Benally deceased; the defendants are Salt Lake City Police officers. The action is for the wrongful death of Benally, which resulted from a fall down a flight of stairs in the city jail.

On November 26, 1960, Officer Robinson was patrolling downtown Salt Lake City in the police “paddy wagon.” He first observed Benally, a Navajo Indian, on the street about 6:30 p. m. Later…