Legal Opinion · Dissent

Badertscher v. Independent Ice Co.

Utah Supreme Court

Decided September 5, 1919No. 3336Published

Appeal from District Court, Third District, Salt Lake County; J. Louis Brown, Judge. Action by Godfrey J. Badertscher against the Independent Ice Company, a corporation, and Wasatch Coal Company, a corporation. From a judgment against the last-named defendant, the case having been dismissed as to the first, the latter defendant appeals.'

1DissentGideon, J.

I dissent. Probably a brief review of what I understand the facts to be, as disclosed by the record, will give a better understanding of my views respecting the questions presented on this appeal.

It appears that the Wasatch Coal Company was conducting a retail coal business at Salt Lake City, Utah. At the time of the alleged accident it had no teams of its own with which to deliver coal to its customers. The Independent Ice Company was the owner of teams and wagons, and during the *113summer months was engaged in selling and delivering ice. In the fall of 1917 a contract or agreement was made…

2Cases cited12 opinions

  1. Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
  2. Foster v. Wadsworth-Howland Co.Illinois Supreme Court · 1897
  3. Humphrey v. HuntSupreme Court of Oklahoma · 1899
  4. Matter of Norman v. the Bd. of Educ., N.Y.New York Court of Appeals · 1911
  5. Burns v. Michigan Paint Co.Michigan Supreme Court · 1908

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