Tripp v. GRANITE HOLDING COMPANY
Cases that cite this one
4 later published cases cite this decision.
- Smith v. Bank of Utah, Inc. (Utah Ct. App. 2007)
- Rose v. Provo City (Utah Ct. App. 2003)
- McKinley v. Fanning (Idaho 1979)
- Todd v. F. W. Woolworth Co. (Ga. Ct. App. 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiff filed a complaint in which she seeks. damages for injuries sustained in a fall due to a defect in a> public sidewalk. The fall occurred after she had left the premises of defendant, Douglas Optical Company, lessee of Granite Holding Company, owner of the building which abutted the sidewalk. The trial court granted summary judgment in favor of defendants and plaintiff appeals therefrom.
The case of Basinger v. Standard Furniture 1 is dispositive of this case. In Basin-ger this court stated:
There exists no obligation on the part of an abutter to keep the sidewalk adjoining his premises in repair, nor is he liable for any state of disrepair. His obligation can only arise where he creates through use or otherwise some unsafe or dangerous condition. 2
The foregoing rule of law is applicable even though the injured person was a business invitee. 3
Affirmed. Costs to respondents.
. 118 Utah 121, 220 P.2d 117 (1950); see also 88 A.L.R.2d 331.
. There was no allegation to this effect in plaintiff’s complaint.
. Gossler v. Miller, 107 N.H. 303, 221 A.2d 249 (1966); Sipprell v. Merner Motors, 164 Neb. 447, 82 N.W.2d 648 (1957); Miller v. Welworth Theatres, 272 Wis. 355, 75 N.W.2d 286 (1956).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.