WHEAT v. DENVER & R.G.W.R. CO.

No. 7838.

122 Utah 418 (1952)

250 P.2d 932

WHEAT v. DENVER & R.G.W.R. CO.

Supreme Court of Utah.

Decided December 5, 1952.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Clifford L. Ashton and Leonard J. Lewis, Salt Lake City, for appellant.

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


CROCKETT, Justice.

A coal chute which plaintiff Wheat was lowering to load the tender (coal compartment) of one of defendant's engines suddenly fell, injuring him. A jury awarded him damages of $17,000. In response to defendant's motion for a new trial, the trial court gave plaintiff the option of having one or of taking a reduction of the verdict of $10,000. Plaintiff accepted the latter alternative.

Defendant contends that a new trial should have been granted...

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