Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-06-08

LOWER COURT AFFIRMED.
An Affirmation Also ordered In the
Case OF Thompson " whitney
other Matters.

james Dwyer the well-known florist
was made g. 900 the richer today. which
amount must be- paid him by salt Lake
city. ON account 81 injuries received
through falling over an ombankmcnt
two and "a hair 10 thrcc feet hlrh. on
the night ~ January iith. 1896.
In au opinion handed down by the
supreme court today. the Judgment Of
the trial court 81 anlrmed. thus cutl-
Ting Mt. Dwycr 90 the sum named ana
awarded him by the jury which tried
tho suit
AZ the time the accident occurred tho
city was engaged grading a street In
front N Mr. Dryers residence. on tho
north side ~ the street adjoining the
sidewalk. between West Temple and
First West streets. ON the night IN
question Mr. Dwyor was going from
hln house 90 "a buggy In front of hlA
place, whom he fen over tho cmbank.
meut, breaking one 81 hin legs near tho
hip and rrculvlng other Injuries which
confined him to his bod f1r "a space of
seven weeks lie claimed tho night
was dark and that the city had failed
70 place any llghta upon the cmbnnk-
mcnt.
Later he sued the city f1r $4,000. 4
verdict was rendered ln hia favor. tho
Jury assessing hia damages al 1880.
Prom this verdict the city appealed.
The contention N counsel for tho city
was that Mr. Dryer was guilty of con-
tributory negligence and therefore
could not recover. This defense was
made the basis " motion Tor
non-auit Ia tho lower court and relied
upon Cor a reversal 30 the supreme
Court Chief Justice iiartCh. who wfitca
tho opinion, finds that Judge Cherry
was Justified IN overriding the ~ rtion
for non-Huit for the reason that the
facts and circumstances surrounding
granting Of a.
The question of contrlbutory noFii-
gcnce having been submitted ~ tho
jury, ana there being no question rcs-
n1utiug the charge of Judge Cherry
tho court holds that tho determination
~ The Jury must b. regarded M con-
The decision n concurrcd BY by Jus
lice Miner ana Justice naHkin.
THIS CASE ALSO AFFtRMED.
CHIEF Justice nartch also delivered an
opinion today ln the case % James
| Thompson W ~. N. whitney. finding no
reversible error IN the record and thcru-
fore affirming the Judgment Of the court
| below.
The complaint IN this case alleged
that IN August 1907. tho defendant
whitney a0ld 10 defendant twenty
/ shares ~ the capital stock N tho Salt
/ Lake Implement company ~ tho par
value % 500 each and that The defend.
| ant agreed 20 pay Th1mpaon ln dlyi-
/ dends Tor the first year $500. forty PCT
/ cent ~ III faca value IN cunsi1ern.
| ton Of the agreement 10 pay the $500
| plaintiff turned over a. defendant goods
/ amounting In value 20 te.Ggf. WHOM de-.
/ mand was made Tor the $500, payment
was refused when plaintiff brought
/ suit.
| Judge HiioH. before whom tho cns5
was tried. found in favor 81 plninun
| Tor $500 and $40 costs. from which
/ Judgment defendant appealed.
The principal ground M contention
and assigned nH error was tho court al,
| iDwins plaintiff TO amend hiH complaint
/ chief Justice nartch holds that under
| the circumstances tho court had power
/ Go permit the amendment IN further
nnce OF Justice and ON such terms ni
may be- proper
other errors were assigned. none o
| which nrr considered tcnnhle,
The other members OF the court con
cur IN the decision.