Show CASE AGAINST CITY RETURNED Supreme Court Orders Order trial Re-trial of Rollow Damage Suit The Thc supreme court has h s just hand fd d down tt Its Ib decision Judge James X N Kimball of o the district court In the case ot of Alvin AlvinJ S J Rollow v vs Ogden den city elty cit damages Kes were claImed cl for or InjurIes Ies Ie by b Mr Jr Hollow Rollow on August 24 4 1221 lH while crossing th the Intersection at Grant avenue and fifth street treet at t a time when the fire truck of ot th the sub or on Ninth street was va being trans trans- transferred to the central station t tion oU on Grant avenue The case CC came up for tor trial l In Inthe inthe lith the district court last list summer and had been Intro intro- introduced Introduced after arter the evidence the case was w non on by Judge Kimball on the th ground that the tire fire fir department was WI In th lh discharge of ot a n governmental duty of The he h elt city and therefore the tho city wae as not liable The Tho supreme coUrt however bold hoid holds that the district dl court erred In not submitting the th of the condition of the tho tret to the th JW jury It having ben been alleged and nd shown by the evidence I bat the button bullon or marker at that Intersection was wae out of It It lac It of sahl 1 place lace and nd that by reason reon tact fact one of the wheels wheel truck struck lh th thAI marker and caused causell the truck t to and become 8 from Its course I uncontrollable striking Mr follow Rollow ho w was s crossing the street tr ct at t that serious I lm m whereby he be sustained injuries to hi his bod body The I out ourt reminds remands the case ce to the I dIS-I dis district Its Its- court for tor trial re-trial Attorney Chez Douglas rep rep- represented rep represented resented Mr noli Hollow follow ow while Thomas J and Louis J appeared for Ogden city 00 |