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BRINKERHOFF v. SALT LAKE CITY

No. 9456.

13 Utah 2d 214 (1962)

371 P.2d 211

ARNOLD BRINKERHOFF AND INEZ BRINKERHOFF, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. SALT LAKE CITY, A MUNICIPAL CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

May 4, 1962.

Attorney(s) appearing for the Case

Norman W. Kettner, A.M. Marsden, Asst. City Attys., Salt Lake City, for appellant.

Stewart, Topham & Harding, Gerald R. Miller, Salt Lake City, for respondents.

HENRIOD, Justice.

Appeal from a judgment after verdict in favor of plaintiffs, incident to the loss of their two-year-old child by drowning in a canal used by the City. Reversed, with no costs awarded.

A count based on attractive nuisance was rejected by the trial court, and rightly so.1 The remaining count alleged that the City "negligently designed, laid out, constructed and maintained the bridge, street and sidewalks along Charlton...

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