GENERAL INS. CO. v. LEWIS

No. 7671.

121 Utah 440 (1952)

243 P.2d 433

GENERAL INS. CO. OF AMERICA v. LEWIS.

Supreme Court of Utah.

Decided April 16, 1952.


Attorney(s) appearing for the Case

F. Robert Bayle, Salt Lake City, for appellant.

Paul J. Merrill, Spanish Fork, for respondent.


WADE, Justice.

Is the driver of a car, which is damaged by being driven into from the rear while stopped by congested traffic ahead, guilty of contributory negligence for failure to drive his car off the traveled portion of the highway or for failure to warn approaching cars that the traffic is stopped? The trial judge as the trier of the fact found that the above mentioned failures constituted contributory negligence and refused to award plaintiff damages on that...

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