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Show Jarialu Ordar r Univeruity of Utah Salt Lake City, Utah v- !' H 612 m h SALT LAKE CITY, VOLUME 15, NUMBER 178 Utah Supreme Court Decision - Capsule - f& Wrongful Death Action COMMON LAW RULE UPHELD ALBERT BRIDGES and DELEEN BRIDGES Plaintiffs & Appellants SALT LAKE v. Trial Court: Defendant not negligent. Decedent guilty of contributory negligence. Supreme Court: Affirmed. Common law rule of contributory negligence bars recovery. See decision in detail page 3 . Chief Justice E. R. Callister Jr. wrote the decision. Plaintiff counsel: Howard & Lewis, 120 E. 300 N., Provo, Ut. 84601 Jackson B. Howard Defendant counsel: Legal Department, Union Pacific 10 South Main, Salt Lake City, Utah 84101 A. U. Miner S. A. Goodsell J. C. Williams Monday, September 13, 1971 INVOCATION Wendell Hibler, Auditor Deputy Payment to Interstate Electric Co. for work completed on the changes in the Prima Electrical Distribution System project in the amount of $18,451.34. Payment to Urban Technology Associates in the amount of $16,000 for the Jordan River Study. Sale of County property, serial to Sero Amusenumber ment Co. for $50.00. W. T. South, Purchasing Agent, requesting approval to purchase 78 Permaloy Door Identification Signs in the amount of $1,004.00, Approval for fabrication and installation of air conditioning supply and return ducts from Hyland Heating Company for Capital Improvements. The amount is $385.00. Health Department requesting insurance coverage for lunch workers from the Kiwanis Club. Total cost would be $20 Health paid by the Department. Millard, United No. 2 Subdivision approved. Located at 1880 E.7130 City-Coun- Welfare Mother ty So. SELECTS Settles Suit HARRIS AND LOVE, INC. Air Pollution HOUSTON John J. Lette, Director of Utah Industrial Promotion Division, announced the selection of Harris and Love, Inc., Advertising, as the Division's advertising consultants. The agency will begin working with the Division immediately. Mr. Leete said the agencys responsibilities will include production of advertisements, creation of a multi-medi- a presentation for the State Briefing Center, and the creation of direct-ma- il programs for attracting specific industries to the State. According to John Becker, Advertising Director for the Division, the agency will be meeting regularly with the Division staff to set promotional goals and new objectives for the industrial development program. The summary reports show the profitability of doing business in Utah using facts and figures that cannot be ignored by industry. The Harris and Love Agency will be involved with the Division in planning strategy to use industry studies as selling tools in bringing new industry to Utah. " the Prison Reform Group Analyzes Illinois Riot On (UPI)-M- Amanda Ramos, who said in a lawsuit that air pollution was so bad in her neighborhood it made her six children mentally ill and damaged kidneys in three of them, has been revealed she has settled out of court for $175,000. Mrs. Ramos, 40, filed the suit against Lead Products Co., Inc., asking $5.29 million. All of her children ranging from 10 to 15, are mentally retarded. The woman is on welfare and she said her husband left her 10 years ago. School Tax Ruled Invalid SAN FRANCISCO (ACCN- )- The California Supreme Court Monday held that the state's public school financing system is unconstitutional because it discriminates against the poor. The 1 opinion written by Justice Raymond L. Sullivan states that the educational funding scheme makes the quality of a child's education a function of his parents and neighbors. The legislature, under authority of the state constilution, presently authorizes local governing bodies to 6-- levy real property taxes for educational needs. This dependence on local real property taxes was A major disCHICAGO ( ACCN) order last June at Stateville pinpointed by the court as the root of the constitutional defect in the Penitentiary in Joliet, 111., may have educational financing system. About been provoked by old line" em56 percent of school funds derive ployes trying to oust the new prison from properly taxes, 35 percent administration, according to the from aid and the remainder state John Howard Association, a and other sources. from federal nationally known prison reform court Thus, the notes, the amount group headquartered here. a school district can spend depends The prison reform group said on its tax base, that is, the largely Tuesday that on June 25 more than value of the real property assessed 200 inmates at a softball game and 12 within borders. These tax bases its guards were involved in a hand to vary widely throughout the state, hand confrontation." Because of resulting tensions, ranging from a low of $103 per child to a peak of $952,156 a ratio of some 1,500 of the 2,000 prison in1 to 10,000. mates spent the next three weeks in nearly Recognizing as we must that the their cells. The association, in a statement, right to an education in our public said it had interviewed about 125 schools is a fundamental interest inmates and staff members and was which cannot be conditioned on mass wealth, we can discern no comsatisfied the controversial state purpose necessitating lockup of inmates was essential to pelling the method of financing," present prevent a possible major Justice Sullivan wrote. - Refund in the amount of $108.21 to John A. and Alice J. Chase, 6151 So. 570 E., property serial no. as an erroneous assessment was made from 1966 to 42-45- rs. 10 Surcharge EAST LANSING, MICH. (ACCN) An American economist serving with the United Nations in Geneva has denounced the 10 per cent im- surcharge imposed by President Nixon Aug. 15 and said the world's underdeveloped nations are port threatened by new economic stands of the U.S. In a statement released at Michigan State University where he is professor of economics, Dr. Mordechai Kreinin called the import utterly unnecessary and singularly undesirable." Kreinin noted that, By a stroke of a pen the President reversed a toward trade trend liberalization in the Atlantic Community; abrogated important tax 20-ye- ar ty City-Coun- PROMOTION ACTION 17-444- 9, UNION PACIFIC RAILROAD CO., Defendant INDUSTRIAL Economist Denounces COUNTY COMMISSION WEDNESDAY,' SEPTEMBER 15, 1971 UTAH 1970. Duplicate assessment on property serial no. be cancelled. This property is owned by the Mt. Olympus Spring Water Co. Removal of street lighting from the Salt Lake County System at the following addresses: 3900 South and Wasatch Blvd. 4035 South and Wasatch Blvd. 4520 South 900 East 19-2- 33 Solicitation by PI Investigators SACRAMENTO (ACCN) While the California Legislature has been enjoying a three week vacation, Gov. Ronald Reagan's office has been engaged in massive bill signing. One of the signed measures, a bill sponsored by Sen. John Harmcr,1 (Rep.; Glendale), is aimed a eliminating solicitation in personal injury cases by private investigators. The bill makes it a misdemeanor for any investigator to seek employment from any individual involved in a personal injury action. Choice of Work Hours Urged as Illinois Law Liberalizes Auto Insurance Commuter Aid - By SPRINGFIELD (ACCN) Gov. Richard B. Ogilvie has approved what he called the most reform of automobile insurance" by any state. In signing Senate Bill 976 at a news conference here September 2, the governor set in motion basic far-reachi- ng changes California Bans in Illinois insurance commuter be greatly copy their bosses and choose their own working hours, according to two British sociologists. Dr. Michael Young and Peter Wilmott, codirectors of the Institute of Community Studies in London, made the suggestion at a meeting, September 6, of the British Association, a science study group, in Swansea, Wales. The two said conditions on roads, trains and buses in London were regulations which will become effective January 1. He commented: The Illinois Plan developed by our Department of Insurance in consultation with leading legislators is among the first state plans which comprehensively exceed the S only made bearable because guidelines of federal directives. working hours already were "It makes possible speedy staggered somewhat according to social class. payment of injury and damage claims, should markedly reduce the They said if more people could be auto of in cases our huge backlog given the same freedom as bosses to inand the retains of choose their own hours, as long as courts, right dividuals to sue for damages." they worked the required time, the commuter situation could be imMajor features of the bill include: Payment within 30 days to proved. insured motorists, their passengers, Manual workers in general start to or to pedestrians struck by the inwork before 8:30 a.m. and sured auto of medical expenses up to after. The higher the status, $2,000. the later the starting time, they said. to of week a $150 Because of this class difference, up Payments for lost wages for a year, $12 a day journeys to work have been spread for essential expenses of unemout over longer periods of time than and additional ployed persons, they otherwise would, and this has been a major boon to transport coverage optional extending benefits to five years with limits of planning," the sociologists said in a $50,000 per person and $100,000 per report. accident. They said this boon may be shortlived because semiskilled and Judicially supervised arbitration of injury or property uniskilled labor was on a decline, and in London in particular there damages claims of $3,000 or less and y settlement of had also been a migration of disputes through binding private manufacturing industry to the arbitration. suburbs. non-manu- al inter-compan- United States; and nullified the effect of five years of tedious in negotiations Round." the Kennedy While he hailed the end of the gold standard as The only reasonable solution" to the dollar crisis, Prof. Kreinin warned that Europe's industrial giants may retaliate against the import surcharge. An urgent meeting of the General Agreement of Tariffs and Trade international the (GATT) organization concerned with the was policing of world trade rules called for last month. In that gathering he warned "the un- transatlantic palatable spectre trade war may raise its ugly head." The MSU economist said he hoped the President would rescind the order once the Europeans revalue their currencies. He cited a London editorialist who called on European slatemen to enter into trade talks with the United States rather than any peevish retaliation or import restrictions. an international Kreinin, is serving as a monetary specialist, of a visiting economist with the United Nations Conference on Trade and Development (UNCTAD). Commenting on the effects Nixons new policies will have on the world's emerging nations, Kreinin noted that here in Geneva, there is concern that the inconcern dustrialized countries will become so preoccupied with the present currency and trade problems that the interests of the countries will be lost in the shuffle. Both the recent cut in foreign aid and the 10 per cent import surcharge announced last week by the U.S. will hurt the underdeveloped countries, he noted. "The 10 per cent increase in import duty means a sharp setback to countries atthose tempting to promote the production and export of their manufactured goods. And this setback may be magnified if the Europeans and Japanese decide to retaliate against the United States. "On the other hand, explained Kreinin, "revaluation of certain Western currencies will make the less-develop- ed less-develop- ed Gordon F. Joseloff LONDON (UPI) The crush of big cities could eased if employes could international obligations of the . countries more markets, competitive so that their 'exports can be stimulated." Kreinin suggested that success of less-develop- ed in European Nixons wage-price-re- freeze nt would negatively affect export programs of the developing countries. control "If the wage-pric- e in succeeds slowing down program U.S. of rate the inflation, the underdeveloped countries will become less competitive against the United States. Los Angeles Council Ask December 31 Viet Withdrawal - LOS ANGELES (ACCN) The Los Angeles City Council September 8 ordered a letter sent to the President requesting removal of all a American troops from 1971. Dec. 31, by In an unprecendented move and on unanimous vote, the Council also commended the President for his efforts to date in "bringing the war in Viet Nam to an end" and asked that he work to bring home all Indo-Chin- prisoners of war. |