TOOMER'S ESTATE v. UNION PAC. R. CO.

No. 7472.

121 Utah 37 (1951)

239 P.2d 163

TOOMER'S ESTATE v. UNION PAC. R. CO.

Supreme Court of Utah.

Decided December 18, 1951.


Attorney(s) appearing for the Case

Bryan P. Leverich, M.J. Bronson, A.U. Miner, Howard F. Coray, D.A. Alsup, all of Salt Lake City, for appellant.

Rawlings, Wallace, Black & Roberts and Wayne L. Black, all of Salt Lake City, for respondent.


CROCKETT, Justice.

John T. Toomer was struck and killed by the defendant's Streamliner train as he was crossing its railroad's track at Cokeville, Wyoming in his pick-up truck at about 4:30 p.m. on May 1, 1950. His administrator recovered a judgment for the benefit of his widow and minor child from which defendant appeals. Two principal questions are presented: (1) Was there evidence from which the jury could find that the defendant was negligent which proximately...

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