YOSHITARO OKUDA v. ROSE

No. 8399.

5 Utah 2d 39 (1956)

296 P.2d 287

YOSHITARO OKUDA AND JACK ARAMAKI, THE SOLE HEIRS OF KIM ARAMAKI OKUDA, DECEASED, PLAINTIFFS AND APPELLANTS, v. JERRY A. ROSE, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

April 16, 1956.


Attorney(s) appearing for the Case

Edward M. Garrett, Salt Lake City, for appellants.

Stewart, Cannon & Hanson, Salt Lake City, for respondent.


McDONOUGH, Chief Justice.

A jury returned a verdict of no cause of action in a suit to recover for the death of Kim Aramaki Okuda, which occurred when Mrs. Okuda was struck by defendant's automobile. Plaintiffs complain that the trial court committed prejudicial error in failing to instruct that decedent was presumed to be acting with due care for her own safety and also in giving Instruction No. 7, pertaining to contributory negligence, when, they claim, there is...

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