Gallegos Ex Rel. Gallegos v. Midvale City

CROCKETT, Justice:

Delores Gallegos, age 2, was injured when her tricycle collided with a fence defendant Roby A. Tester had placed around a newly planted lawn in the area between the sidewalk and gutter in front of his home at 570 Adams Street in Midvale. Her father Fidel Gallegos, as guardian ad litem, sued Mr. Tester and Midvale City alleging their negligence in so placing the fence. The accident occurred in July 1, 1966; and the notice and claim was not filed with the city until seven months later, on February 26, 1967.

On the basis of the pleadings, depositions and documentary evidence,…