Herndon v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by George L. Herndon against Salt Lake City. From a judgment for plaintiff; defendant appeals. APPELLANT'S POINTS. A city may pile stumps or rocks on, or leave the unwroug'ht portion of a street as it was by nature, and if the traveled portion is good, it will not be liable for damages sustained by one who goes off it.
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Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by George L. Herndon against Salt Lake City. From a judgment for plaintiff; defendant appeals. APPELLANT'S POINTS. A city may pile stumps or rocks on, or leave the unwroug'ht portion of a street as it was by nature, and if the traveled portion is good, it will not be liable for damages sustained by one who goes off it. (.PerTcins v. Fayette, 68 Me. 152.) A municipality is not bound to keep and maintain in reasonably safe condition for travel the full located width of tbe highway. (Williams on Municipal Torts, p. 134,…
1Opinion of the CourtFkick, J.
This is an afetion for damages-for personal injuries claimed to have been caused by an alleged defect in one of the streets of Salt Lake City. The negligent acts complained of are alleged to be substantially as follows: (1) Negligence *71in maintaining a “dugway” in the intersection of Twelfth East and Second South streets in such manner as to cause an embankment to form from three to five feet in height, which was allowed to remain diagonally across the intersection of said' streets; (2) the failure of the city to construct and maintain a railing or barrier along the traveled part of said…
2Cases cited27 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Stafford v. City of OskaloosaSupreme Court of Iowa · 1884
- City of Austin v. RitzTexas Supreme Court · 1888
- Craig v. City of SedaliaSupreme Court of Missouri · 1876
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3Cited by21 opinions
- State v. ThompsonUtah Supreme Court · 1946
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- Fishbaugh v. Utah Power & LightUtah Supreme Court · 1998
- Jensen v. Logan CityUtah Supreme Court · 1936
- City of Beaumont v. KaneCourt of Appeals of Texas · 1930
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