Legal Opinion · Dissent

Clawson v. Walgreen Drug Co.

Utah Supreme Court

Decided October 23, 1945No. 6824Published

1DissentWolfe, Justice

I agree that whether the defendant performed its duty to the plaintiff, in leaving the doors open and unguarded, was for the jury. The more doubtful question is whether such negligence was the. proximate cause of plaintiff’s mis hap. The only way one can use the vault when the doors are not down is to keep them open. In this case the plaintiff did not fall into the hole but walked into and onto the door. If he walked into a door over two feet high, might he not have walked into any other guard placed before the door or as easily failed to see any flag or warning sign? And if so, the only…

2Cases cited8 opinions

  1. Yazoo & M. V. R. v. MessinaMississippi Supreme Court · 1915
  2. Everts v. WorrellUtah Supreme Court · 1921
  3. Shields v. Utah Light & Traction Co.Utah Supreme Court · 1940
  4. Yazoo M.V.R. Co. v. DeckerMississippi Supreme Court · 1928
  5. Moore v. MilesUtah Supreme Court · 1945

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