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Show TNI r-- FINANCING STATEMENTS 70S - Marvin A. Jensen, 1861 Lndn Plain Rd. SLC to Vly Bk & Trat Co; cmpr top 825 - Kac Kay ptr Homes, IgC. 1555 S. Main St. SLC to Wkr . 828 - Lamet Vending, P.0. Box 6007 SLC to Best Distrlb. Co; - Ronald S. Miller, 1351 E. Skyline Dr, Bntfl to Llbery 830 - Ones to Edllsn SLC to machn 727 Thrft Ln Corp; hhg & 728 - David W. 5300 S. Mry to & Ln Corp; hhg - Curt Powers, 4943 Wastch 729 to Liberty Thrft Mry Corp; furn & Ln . - Vincent Palmlsano, 10330 8. State Sndy to Liberty Thrft 730 Ln Corp; hhg & 731 - Jon M. Davis, 1495 S. 2nd E. SLC to Liberty Thrft & Ln Corp; consmr gda - Carl McHenry, 732 10 733 12 & Ln ' - George B. Douglas, 4996 S. 4460 W. Kras to Genrl Crdt 736 Co; hhg 737 - Bruce E. MacKay, 2686 E. 3210 S, SLC to Genrl Crdt Co; hhg to Quality Accpet Corp; .equip 742 - Gerald D. Black, 250 Vagabh Dr. SLC to Hatnl Fin SLC n - Jim Plep, 3458 Ott. Dr. Grngr to Genrl Fin Corp of Ut; hhg W. J - Leo A. Mar tines, 375 Strcrst Dr. SLC to City Fin Co; ing, inter alia: hhg 2. That the facts as adduced in the trial disclosed that there was no malfunction of the door, that the door was maintained on a regularly routine basis and was in good repair at the time of the alleged incident and thereafter. - Ell J. Martines, 495 E. Centr Mdvl to City Fin Co; hhg 115C Wllllama, Commrcl Crdt The appellant was represented by counsel at trial, but he alone has perfected his appeal. The gist of his contentions on appeal is set forth under Argument II of his brief as follows: - Donald L. Dack, 731 E. 9th S. SLC to Assoc. Fin 862 Grngr to Fidel Induatrl Bk & The City of Provo employees, because of jeopardy of a Serv; tv verdict of "negligence" fabricated add corroborated testimony erroneous and without foundation to present to the of their personal negligence. Court a 'cover-u- - Schuyler Lee Tucker, SLC to Assoc Fin Serv; furn 863 - Joseph S. Densley, Grngr Trat; cmpr - John Vega, 244 S. 14th W. to Gentry Fin Co of Krns; 36 E. Guest Ave 864 - Melvin B. Joos, 1920 4500 S. SLC to Assoc Flnan hhg Serv; furn 754 - Richard L. Babb, 725 E. 8080 S. Sndy to Zions Frst Hatnl Bk; boat 867 . The case was tried to the court, sitting without a jury, and upon completion of the evidence in the case the court ruled for the defendant, find- 851 to . At trial a female employee of the City testified that she was seated inside the vestibule nearby and was an eye witness to the incident. She denied any unupual planner in the closing of the door or any manifestation of injury on the part of the appellant. The City also called the man who serviced the spring and 1 draulic door closing mechanism, and he testified that the door was operating within the normal range of tolerance of that type of door. Other employees of the City testified that there was no malfunction of the door immediately after the claimed injury or at all. 849 - Wallace Gusta, 103 E. 7200 S. Mdvl to City Fin Co; .. hhg . r" 1 . 850 i Edward G. Bridge, 4457 Acrd Cr. Krna to City Fin Co; hhg I. : behind him, causing great injury to his person. - Ira E. Beckstead, 465 9000 S. Sndy to City Fin - Anthony , The .appellant plaintiff below, claims that he was severely injured jvhile going into this building to have the utilities for his newly rented house . turned on. ,.He testified that a lady ahead of him opened the inner door by pulling instead of pushing it; that he held it while she entered; and that when he rpleaqe4 it and walked through the doorway the door swung violently, 846 Paclfc Pin Inc; furn Crdt Co; hhg 747 - Albert E. Brother, 1408 S. 1200 W. SLC to Avco Flnan Serv; consmr gds Ave SLC 745 - Kerry Bugger, 3807 S. to Drpr double doors. The outer doors open outwardly only, while the inside set inher door as one swings both in and opt. There is a sign on the right-han- d enters which says "Push," and the same sign is on the other door visible to those who are leaving the building. 843 853 Co; hhg 746 ita proprietary functions, Provo City owns and occupies a utility building the entrance of which consists of two sets of In connection with - Franklin E. Bell, 7925 S. ponderosa Way Sndy to Aveo Flnan Serv; consm-gd- s 852 738 - American Triticale Corp, 3804 Hyland Dr. SLC W. I Co; hhg 735 - Dennis J. Willoughby, 1022 Denvr St. SLC to Genrl Crc Co; hhg 4800 ELLETT. Justice; !' 842 848 25, 1973 L. M, Cummings, Clerk Defendant and Respondent. Best Distrlb. Co; - Wallace L. Burt, 3349 S. 13th E. SLC to Avco Flnan Serv; tv - Archuletta, Ray, 1182 S W. SLC to Liberty Thrft & Ln Co; hhg City of Provo, Utah, 844 S. 7th E. SLC to Liberty Thrft Corp; equip FILED April Evans, 219 A ft 1171 No. 13061 j machnes 831 - Vina Enterprises, 7087 Pine cone St. SLC to Automate Prdcta Co; machnes Harris, 77 W. Liberty Thrft THURSDAY, MAY tfalph D. Nance, Plaintiff and Appellant, ! 726 - Ronald S. Miller, 1351 E. Skyline Dr. Bntfl to Llbery Thrft & Ln Corp; ml seel gda ItCQIN In The Supreme Court Of The State Of Utah 1 I TratCo; inven Bk A HIU p' There is no doubt that one who brings an action would like to have the court believe his testimony and disbelieve all evidence to the contrary, but such is not required of the trier of the facts. E. 1 757 - Glenys M. Frleson, 5491 furn - Fred W. S. 3035 E. SLC Trst Co; orgn Versteeg, 4425 to Vly Bk A - Victor D. Williams, 860 Foinsettla Dr. SLC to Trst Co; piano Vly Bk & 762 - Ted R. Mecham, 178 Plonr Mdvl to Assoc Flnan Serv; furn 763 - Ronald Miller, 1965 Gunderson La. SLC to Frmrs State St. W. SLC machn Jones, Frst 4505 E. Meacham, 653 Iverar to Gustav E. Claus, - W. E .Meacham, 653 Iversn St. SLC to Gustav E. Claus; equip 778 - Monte Cuslc & John Thomas, 940 S. Main SLC to Bk A Trat Co; boat Tracy-Clns - Harry Hornlckel, 5069 Chrfl Dr. SLC to Vly Bk A 786 Co; car 791 - Denise S. 2700 E. hhg M. SLC SLC Peoples Frst Members of an appellate court do not have the opportunity to hear the witnesses and see their demeanor in court and on the witness stand and arc not in as good a position to weigh the testimony as is the trial judge or jury. It is our duty on appeal to affirm the trial court in its findings of fact where there is competent evidence to support those findings. 873 - John G. Larsen, 3614 S. 4610 W. SLC to Peoples Frst Thrft; furn - Ployd Ray Phillips, 5555 S. 4385 W. SLC to Peoples 874 The judgment is affirmed. No costs are awarded. Frst Thrft; furn - Villy 884 W. Sommer, 922 Lake to Peoples Frst Thrft; SLC I WE CONCUR: - Paul B. Klllpack, 1284 5th S. SLC to Genrl Crdt l : ' A Co; hhg - Chris H. Petersen, 1963 885 S. 12th E. SLC E, R. Callister, to Assoc. Fin Jr.f Chief Justice Serv; furn 891 - Granite Mill A Fixture Co, 400 W. 300 N. SLC to Zlona Frst Hatnl Bk; F. Henri Henriod, Justice trlr 899 - James P. Brown, 1761 Mlbrk Rd. SLC to Frst Secur Bk of Ut; gds Adonis Dr. Bk SLC ( I ! f J. Allan Crockett, Justice - Floyd C. Stevens, 4278 900 to Frst Secur of Ut; gds t - Robert J. Kldrlck, 5931 S. 6th W. Mry to Town Industrl 904 11, Fin Co; hhg L. Tuckett, Justice i 905 - Robert W. Akin, 3948 Emerald Grn, Grngr to Town Industrl Fin Ellsworth, 3604 to City Fin Co; to Thrft; furn S. Secur 771 Trst 4370 S. furn 769 - Rex S. Manberg, 3762 S. 1300 E. Mry to Fid Ind Cr. Co of Mry; hhg 7?0 - . - Richard B. Mills, 1128 872 W. St. 767 - Acord Investment Co, 1900 W. 3500 S. SLC to Scott Machnry Co; equip motive or lack thereof which would prompt a witness to testify as he does. The judge was not obligated to believe the plaintiff any more than he was any other witness who testified. In weighing the testimony given, he well might have thought that the plaintiff had a greater motive to be biased in his festimony than other witnesses; and if he elected to believe the other witnesses and disbelieve the plaintiff, it was his prerogative so to do. It is apparent from the judgment rendered that he did just that. 870 - James G. Day, 2960 S.' Main SLC to Assoc. Flnan Serv; 875 Bk; hhg 768 - Harry V. 5400 W. SLC to State Bk; boat - Anthony Montoya Jr., to Assoc. Fin Serv; equip 868 furn 759 - Henry E. Jemmett, 4605 Balham Rd. SLC to Vly Bk & Trst Co; piano 760 The duty of the court in this case eras the same as in all other cases, to wit: To listen to and consider the evidence and to give such weight and effect to the testimony as he thought proper. He was permitted to consider the interest which any witness might have in the outcome of the trial and any 115 Mead Ave SLC S. State Mry to Natnwd Fin; 758 - Dorice W. Linden, 826 S. 7th E. SLC to Assoc Fin Serv; furn Co; hhg - James H. Traamell, 442 Edith Ave SLC to Dial Fin 1. Co; hhg 13 Utah 2d 133, 369 913 i Utah 2d 389 360 P.2d 176 (1961k DeVas v. Noble, P. 2d 290 (1962). Charlton v. Hackett, 11 |