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WOLD v. OGDEN CITY

No. 7927.

123 Utah 270 (1953)

258 P.2d 453

WOLD v. OGDEN CITY et al.

Supreme Court of Utah.

Decided June 10, 1953.

Attorney(s) appearing for the Case

Rawlings, Wallace, Black, Roberts & Black, Dwight L. King, Salt Lake City, for appellant.

Young, Thatcher & Glasmann, Paul Thatcher, Ogden, for respondents.

HENRIOD, Justice.

Appeal from an order granting motions to dismiss plaintiff's action for injuries allegedly sustained when he fell into a trench dug by defendant Wheelwright Company, contractor for Ogden City. Affirmed with costs on appeal to defendants.

The motions were based on 4 grounds: that plaintiff's proposed proof as presented in the statement to the jury showed that plaintiff was 1) contributorily negligent, 2)

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