ABDULKADIR v. WESTERN PACIFIC RAILROAD COMPANY

No. 8677.

7 Utah 2d 53 (1957)

318 P.2d 339

YOSIF B. ABDULKADIR, FOR HIMSELF, AND AS GUARDIAN AD LITEM FOR HIS CHILDREN, PAMELA SUSAN AND PATRICIA FATIN, PLAINTIFF AND APPELLANT, v. THE WESTERN PACIFIC RAILROAD COMPANY, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

November 14, 1957.


Attorney(s) appearing for the Case

Gaylen S. Young, Salt Lake City, for appellant.

Clifford L. Ashton, Grant Macfarlane, Jr., Salt Lake City, for respondent.


CROCKETT, Justice.

On the night of July 18, 1955, at a lonely and abandoned railroad station known as Barro in western Tooele County, plaintiff, Yosif B. Abdulkadir, and his wife were walking across defendant railroad company's tracks when a passenger train came speeding out of the darkness upon them; plaintiff, shouting a warning at his wife, jumped clear, but she failed and was struck and killed.

The only known witnesses were plaintiff, the engineer, Mr...

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