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WHITAKER v. SALT LAKE CITY CORPORATION

No. 13438.

522 P.2d 1252 (1974)

Demsey D. WHITAKER et al., Plaintiffs and Appellants, v. SALT LAKE CITY CORPORATION, a municipal corporation, Defendant and Respondent.

Supreme Court of Utah.

May 30, 1974.

Attorney(s) appearing for the Case

Don L. Bybee, Roger Blaylock, of Bybee, Larsen, Blaylock & Cannon, Salt Lake City, for plaintiffs and appellants.

David W. Slagle, Merlin Lybbert, of Worsley, Snow & Christensen, Salt Lake City, for defendant and respondent.

HENRIOD, Justice:

Appeal from a no cause of action judgment in a case involving an eight year old boy, seriously injured in a cave-in at a city-owned clay bank adjacent to a small park it maintained. Reversed with no costs awarded.

This suit was bottomed on negligence, allegedly compensable under the Utah Governmental Immunity Act (63-30, Utah Code Annotated 1953, as amended).

Although plaintiffs urge three points on appeal, the only one of seeming...

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