HJORTH v. WHITTENBURG

No. 7711.

121 Utah 324 (1952)

241 P.2d 907

HJORTH et al. v. WHITTENBURG et al.

Supreme Court of Utah.

Decided March 11, 1952.


Attorney(s) appearing for the Case

Clinton D. Vernon, Atty. Gen., J. Lambert Gibson, Deputy Atty. Gen., J. Richard Bell, Asst. Atty. Gen., for appellants.

George S. Ballif and Ballif & Eggertsen, Provo, for respondents.


CROCKETT, Justice.

The question here involved is: Where the Utah State Road Commissioners acted in good faith to improve a highway, are they personally liable for consequential damages to adjacent property? We hold they are not.

In connection with certain improvements and changes in Highway U.S. 89, the grade of the road in front of the plaintiffs' properties just south of Mapleton, Utah County, was raised substantially above the level of the contiguous ground...

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