Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-11-09
SUPREME COUNT DECISIONS.
Two Cases Ruled Upon by the States
Highest Court.

!. . . W. Z T. I. V i } .
Two important cases were handed
down in the supreme court on Satur-
day settling what have been known
as "turnabe'' cases. The first was that
OF Lettie A. Brown We the city to re-
cover damages for the death of her
S-year-old son in an unguarded con-
duit, into which the lad and others
crowded to play ana was drowned. The
court found that the conduit WAS IAN
attractive and alluring nuisance and
that the city WAS bound to exercise
reasonable care for the safety and pro-
lection of children and others who
might be lured into tho conduit AS the
city did not close the conduit after
being notified that 1t was dangerous,
the court held it liable for damages
The line In the second case was fixed
Saturday in the case of Ebert Small
ley, an infant by his guardian ad
Item, John smalley VS. the D. & r. G.
Hallway company, to recover dam
ages III the sum of $4,000 for the loss
of the plaintiffs left leg under a
freight car at Ogden Nov. %, 1905,
which was alleged to have been sus-
tanned by reason Of the negligence
of defendant. The SmaIley boy was
but S years old and wandered onto
the tracks on Twenty-first street He
was ordered OFF. but soon returned and
was run over and injured. The court
held that the doctrine OF IAN aluring
nuisance held good. but the turnable"
case was not III point. for the reason
that the company could not be expected
to anticipate the presence of the boy
in the yards, although no fence sur
rounded them. Tho railroad company
as a matter of law. owed duty to
those invited upon its premises or who
were rishtfully there, as In the case
Of employees. but in the case at bar
these conditions did not exist, and It
was under no obligation to use unusual
care IN handling cars In anticipation
OF an unauthorized intrusion upon its
property. until the presence Of the In
truler was discovered The findings
did not Justify the conclusion that the
railway company had acquiesced in the
general use If the yards by Inhabitants
of the neighborhood.
The case was tried in the Second dis
triet courta before Judge j. "A. Howell,
and verdict rendered in favor of the
defendant. The plaintiff appealed and
the supreme court now aflirms the low
er court
In The case Of Mrs. Brown against
the city tho plaintiff asked for $4,000
and was awarded Sl,50O damages. The
case WAS tried before Judge Lewis in
the Third district court, and the city
appealed, In reviewing the case the
court said:
I'm the case of Brown against salt
Lake City. we had occasion to consider
the doctrine announced In the turn
table cases, and there, with consid-
cradle hcsitnncy, applied It. The doc
trine was there extended further than
applied by sons courts. Believing now,
as we did then, that. under the peculiar
facts and circumstances, the doctrine
was there properly applied. we never
thcless are of the opinion that 1t was
extended about as far as any court has
yet applied it,
The opinion was written by Justice
Straup and concurred in by Justices
McCarty and Frick.
a decision OF another important case
| was handed down by the supreme court
on Saturday. This was In regard to
the constitutionalty of the corporation
tax law, The court holds that the
law Is constitutional and valid, and all
corporation In the state are liable and
must pay the same. This is good news
| for the state. as it means an additional
| 100000 to its funds annually The
| decision applies TO all corporations Or
ganlzed and doing business under tho
laws of the state. except charitable So
| cieties. corporations not organized for
| pecuniary profit irrigation companies,
| and insurance companies. The opinion
| was rendered in the case of the Black
Rock Mining & Milling company W.
| Charles S. Tingey. secretary of state.
There are in the neighborhood of s. 900
corporations in the state Of which some
5000 pay taxes, averaging about $50
each Any corporation falling to pay
this tax on or before November 10 OF
each year become delinquent and is
then liable to penalty of 500, and
the tax and penalty become a lien
against the company property.
The action was brought in Judge
Ritchie's division of the Third dis
Mining & Milling company to recover
taxes paid to the state under protest,
the contention of the plaintiff being
that the law requiring the payment
of the tax was unconstitutional and
void. The state demulred on the