Utah Supreme Court April 23, 1908, No. 1909 (Herndon v. Salt Lake City)

FKICK, J.

This is an afetion for damages-for personal injuries claimed to have been caused by an alleged defect in one of the streets of Salt Lake City. The negligent acts complained of are alleged to be substantially as follows: (1) Negligence *71in maintaining a “dugway” in the intersection of Twelfth East and Second South streets in such manner as to cause an embankment to form from three to