Scott v. Provo City

Decision Date03 August 1895
Docket Number700
Citation14 Utah 31,45 P. 1005
CourtUtah Supreme Court
PartiesJ. W. SCOTT AND WIFE, REPONDENTS, v. PROVO CITY, APPELLANT

Appeal from the district court of the First judicial district Territory of Utah. Hon. W. H. King, Judge.

Action by J. W. Scott and wife against Provo City for damages sustained from a defective culvert in one of the ditches crossing defendant's sidewalk. Judgment for plaintiffs. Defendant appeals.

Affirmed.

A. D Gash and Thurman & Wedgwood, for appellant.

J. W N. Whitecotton and Williams, Van Cott & Sutherland, for respondents.

ZANE, C. J. BARTCH and MINER, JJ., concur.

OPINION

ZANE, C. J.:

This action was brought to recover damages in consequence of an injury resulting, as alleged, from the negligence of the defendant. It appears from the evidence that the plaintiff, Elizabeth Scott, while walking in a dark night upon a sidewalk of a street of defendant, stepped into a hole in the cover of a culvert, and received very serious injury. There was a conflict in the evidence as to whether the hole was in that part of the sidewalk most usually traveled, or a little to one side. It did not appear that any officer of the city upon whom the law imposed any duty with respect to the repair of sidewalks had actual knowledge of the defect, but the evidence was conflicting as to whether the covering of the culvert had been out of repair a sufficient length of time to authorize the inference that the officers of defendant would have known of it had they used reasonable diligence. It appears from the record that the jury resolved all questions upon conflicting evidence, as to essential facts, in favor of the plaintiffs, and returned a verdict for them in the sum of $ 1,000.

Defendant's counsel allege: That the court erred in its charge to the jury.

First. In stating that the plaintiffs should establish each of the material allegations of the complaint by a preponderance of the evidence. That it should have stated those allegations, and should not have left the jurors to determine them for themselves. Statements, considered alone, often appear defective; when considered with others, appear sufficiently explicit. In commencing the charge, the court stated the material allegations of the complaint, and the admissions and denials of the answer. After that it was proper to refer to them in general terms.

Second. Appellant alleges that the court erred in charging the jury that it was the duty of the...

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7 cases
  • DeBry v. Noble
    • United States
    • Utah Supreme Court
    • 27 Enero 1995
    ...(obstruction in street); Scoville v. Salt Lake City, 11 Utah 60, 39 P. 481 (1895) (nonremoval of ice from sidewalk); Scott v. Provo City, 14 Utah 31, 45 P. 1005 (1895) (maintenance of streets); Jordan v. Mt. Pleasant, 15 Utah 449, 49 P. 746 (1897) (construction of barriers and ditches to co......
  • Strickfaden v. Green Creek Highway Dist.
    • United States
    • Idaho Supreme Court
    • 10 Julio 1926
    ... ... necessity and sufficiency of barriers was a question of fact ... for the jury. ( City of Rosedale v. Cosgrove, 10 ... Kan. App. 211, 63 P. 287.) ... [42 ... Idaho 742] ... 33; Anderson v. East, 117 Ind. 126, 10 Am ... St. 35, 19 N.E. 726, 2 L. R. A. 712; Scott v. Provo ... City, 14 Utah 31, 45 P. 1005.) But from an analysis of ... the decisions supporting ... ...
  • Emelle v. Salt Lake City
    • United States
    • Utah Supreme Court
    • 21 Abril 1919
    ...N.Y. 134, 16 N.E. 320, 323; Canavan v. Oil City, 183 Pa. 611, 38 A. 1096; Morris v. Salt Lake City, 35 Utah 474, 487, Syl. 8; Scott v. Provo City, 14 Utah 31, which holds person using a street to the exercise of reasonable care; Hunt v. New York, 109 N.Y. 134, 16 N.E. 320, 323 and cases cit......
  • Herndon v. Salt Lake City
    • United States
    • Utah Supreme Court
    • 23 Abril 1908
    ...public street in a reasonably safe condition for public travel by night as well as by day. (Tucker v. Salt Lake City, 10 Utah 173; Scott v. Provo, 14 Utah 31; City Swisher, 85 P. 1110; Stafford v. City, 64 Iowa 251; Crystal v. City, 65 Iowa 502; Niblett v. Nashville, 59 Tenn. 684; 15 A. & E......
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