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FRED BUTZ, APPELLANT v. UNION PAC. R. CO., RESPONDENT

No. 7441.

120 Utah 209 (1951)

238 P.2d 1128

Fred BUTZ, Appellant, v. UNION PACIFIC RAILROAD CO., Respondent.

Supreme Court of Utah.

Decided December 10, 1951.

Attorney(s) appearing for the Case

Rawlings, Wallace, Black, Roberts & Black, Wayne L. Black, Salt Lake City, for appellant.

Bryan P. Leverich, M.J. Bronson, A.U. Miner, Howard F. Coray, Dan A. Alsup, Salt Lake City, for respondent.

PER CURIAM.

Rehearing denied.

WOLFE, Chief Justice (dissenting).

I believe that this court should announce to the Bar what leeway may be given to a construction of the pleadings and the issues framed thereby, after trial of the lawsuit and appeal to this court. The defendant railroad's petition for rehearing raises this question, and it is a matter which was not given consideration in our former discussions.

Paragraph seven of the plaintiff...

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