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COMPTON v. OGDEN UNION RY. & DEPOT CO.

No. 7541.

120 Utah 453 (1951)

235 P.2d 515

COMPTON et al. v. OGDEN UNION RY. & DEPOT CO.

Supreme Court of Utah.

Decided September 11, 1951.

Attorney(s) appearing for the Case

Hanson, Kesler & Hanson, Edward G. Linsley and Leonard W. Elton, all of Salt Lake City, for appellant.

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

CROCKETT, Justice.

Mrs. Anna Compton was killed on September 8, 1949, when she was struck by a diesel engine operated by the defendant's employees in its yard at Ogden, Utah. The plaintiffs, who are the surviving husband (since passed away), and adult sons of the deceased, appeal from a judgment of dismissal under rule 41(b), U.R.C.P. (formerly non-suit) entered by the trial court at the conclusion of the plaintiffs' case.

The two issues presented for review...

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