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BENSON v. DENVER & RIO GRANDE WESTERN RAILROAD CO.

No. 8321.

4 Utah 2d 38 (1955)

286 P.2d 790

HARLEY BENSON, PLAINTIFF AND RESPONDENT, v. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A CORPORATION, AND G.L. KING, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

August 12, 1955.

Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Leonard J. Lewis, Grant Macfarlane, Jr., Salt Lake City, for appellants.

Mark S. Miner, Salt Lake City, for respondent.

WORTHEN, Justice.

This action was brought to recover for injuries sustained by plaintiff in a train-automobile collision which occurred in November 1948. The case was tried to a jury and a verdict returned in the sum of $19,000 — $17,000 general damages and $2,000 special damages. Defendants moved for a new trial and it was denied upon condition that plaintiff remit the $2,000 special damages, which plaintiff did. Defendants appeal from the judgment and the...

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