GIBBS, ET AL. v. BLUE CAB, INC.

No. 7710.

122 Utah 312 (1952)

249 P.2d 213

GIBBS, et al. v. BLUE CAB, Inc.

Supreme Court of Utah.

Decided October 23, 1952.


Attorney(s) appearing for the Case

Heber Grant Ivins, American Fork, Robert B. Porter, Jr., and D.M. Draper, Jr., Salt Lake City, for appellants.

Skeen, Thurman & Worsley, John H. Snow, Salt Lake City, for respondent.


HENRIOD, Justice.

This is an appeal from a judgment entered on a directed no cause of action verdict in a suit for wrongful death arising out of an intersection collision involving a bicycle and a cab. The judgment is reversed for a new trial, with costs on appeal to plaintiffs.

Plaintiffs contend that (1) the trial court's conclusion that deceased was contributorily negligent as a matter of law was erroneous, since the presumption that he was using due care...

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