| Show CITY DAMAGE CASE REVERSED Supreme Court Remands Action Of Herndon Herdon vs Salt Sal Lake For New Trial ERRED IN ITS INSTRUCTION Tribunal 11 I 1 I That fl in I Municipality il a I I ty Is le leNot Not lo to tl Maintain Streets Tor Pur Entire Width lu itt All Al Cases el C The flie supreme court this In Inan InUI an UI opinion written by br Justice Frick Fick and concurred d In itt by Chief Justice Mc McCarty McCarry Carry Carty and Associate Justice re reversed r versed tho the decision of time the lower court 1111 returned for fOI a i now new trial tho the action acton whereby George Georgo I r L Herndon secured curc a I verdict of or 1445 against Salt SaIL Lake L o City do an lit 11 thu th opinion the tho Instructions of ot the lie lower louver court are arc assigned ns ll error where they thoy require the tho city liable to 10 maintain nil al streets for their entire width In tIm II condition for fOl travel as I in somo Instances In which the time In Ill point Is one the tho necessities of ot the tito pub public lie lic lc slid did dil not require tho the municipality to keep keel the time whole width of or o tho tIme street in repair commIt for travel trel The Th Il cnn case was us that of or Goo Coo IU r I hem Hern Herndon lern don doti dOl vs Suit Stilt 1411 0 City In lit which plain plaintiff tiff tf sued sited to 10 recover damages s for Injuries lest ies Ie sustained by I him while driving n il 1 team and 1111 Il go along Twelfth Tw East anti Second South Soot Ii streets street At the point named there them wn wa was an nn em om embankment or Ot dugway about two and anda andI nd a t I half feet fent bight over ovet which plaintiff was compelled d to drive In order to t reach the 11 place nt Lit r his destination de The Ilie Tle carriage tipped over ovel and aitt Ild plaintiff was waR severely Injured In having his hIl neck badly wrenched and Ind tho suit for fat dam damn damages ages nI from trl the city cl for tor not nol maintaining time the street t In 11 a passable condition fol Col lowed In tIle the trial of the tile case tho the con Colt contention was WIS made that hat the lime th city cl should provide danger light bight signal or a barrier where danger existed 1st cd Is in In the tho case easo ot of ortho the tho but bitt hit this the tho supreme court maintains Is not lot lr citing cUn many ing Imig In decisions t in support of the rid rul ruling The he case ens Is remanded for or new n w trial with wih tho the costs however assessed against the city cly A peculiar feature fen lure of the lie ease cose ens Is time the fact that lint Herndon Herdon wo WI engaged In hauling American voters to arid and from the tho registration places at II the tile time tho tIme accident l happened on ott October 30 I O |
