BONNER v. SUDBURY

No. 10298.

18 Utah 2d 140 (1966)

417 P.2d 646

EARL BONNER, PLAINTIFF AND APPELLANT, v. GEORGE W. SUDBURY AND MRS. GEORGE W. SUDBURY, HIS WIFE, AND BETH L. DAVIS, DEFENDANTS, THIRD-PARTY PLAINTIFFS AND RESPONDENTS, v. SALT LAKE CITY CORPORATION, MRS. JOHN J. HUNT, ZION'S SECURITY CORPORATION, VERE L. MATHEWS AND SHIRLEY SEEHOLZER, THIRD-PARTY DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

July 28, 1966.


Attorney(s) appearing for the Case

Leland S. McCullough, Salt Lake City, for appellant.

Galen Ross, Salt Lake City, for respondents.


CROCKETT, Justice:

Plaintiff sued to prevent the defendants from using the dead end street, called McClelland Street, which runs north from 1041 East Sixth South in Salt Lake City. After a trial the District Court found that it had been used as a public street for more than the ten years and hence under Sec. 27-12-89, U.C.A. 1953, is deemed to have been dedicated to public use and gave judgment for the defendants.1 Plaintiff appeals.<...

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