SCHLUETER v. SUMMIT COUNTY, TOWN OF KAMAS

No. 11970.

480 P.2d 140 (1971)

25 Utah 2d 257

Harold A. SCHLUETER, Plaintiff and Appellant, v. SUMMIT COUNTY, TOWN OF KAMAS, and the South Summit County Fire Protection District, Defendants and Respondents.

Supreme Court of Utah.

January 27, 1971.


Attorney(s) appearing for the Case

Wendell P. Ables, Salt Lake City, for plaintiff and appellant.

Tel Charlier, Salt Lake City, for defendants and respondents.


ELLETT, Justice:

This is an appeal from a dismissal of the case after all of the evidence was in. The trial of the matter was to the court, sitting without a jury, and so the dismissal is to be treated as if a judgment of no cause of action had been rendered in favor of the defendants. Therefore, if there is competent evidence to sustain the ruling under applicable principles of law, we should affirm the trial court.1

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