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GALLEGOS v. MIDVALE CITY

No. 12312.

492 P.2d 1335 (1972)

27 Utah 2d 27

Delores Ann Gallegos, by her Guardian ad Litem Fidel Gallegos, and Fidel Gallegos, Plaintiffs and Appellants, v. MIDVALE CITY, a municipal corporation, Defendant and Respondent, and Roby A. Tester and Nellie K. Tester, Defendants.

Supreme Court of Utah.

January 19, 1972.

Attorney(s) appearing for the Case

Richard C. Dibblee, Rawling, Roberts & Black, Salt Lake City, for plaintiffs and appellants.

Reed L. Martineau, Salt Lake City, for defendant and respondent.

CROCKETT, Justice:

Delores Gallegos, age 2, was injured when her tricycle collided with a fence defendant Roby A. Tester had placed around a newly planted lawn in the area between the sidewalk and gutter in front of his home at 570 Adams Street in Midvale. Her father Fidel Gallegos, as guardian ad litem, sued Mr. Tester and Midvale City alleging their negligence in so placing the fence. The accident occurred in July 1, 1966...

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