FERGUSON v. JONGSMA

No. 8897.

10 Utah 2d 179 (1960)

350 P.2d 404

D. PAUL FERGUSON, PLAINTIFF AND APPELLANT, v. JEFFREY PAUL JONGSMA, J. JACOB JONGSMA, VAUGHN WILLIAM KAY AND ALBERT KAY, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 22, 1960.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Grant Macfarlane, Jr., Salt Lake City, for appellant.

Rich & Strong, Salt Lake City, for respondent.


WADE, Justice.

From a judgment on a jury verdict finding no cause of action for injuries received in attempting to arrest two of the defendants whom he caught siphoning gasoline from a parked truck, plaintiff appeals.

The following facts are not disputed: plaintiff lives at 2531 East on 4800 South Street near Holladay in Salt Lake County. Gasoline had been siphoned from a number of cars and trucks while parked on the street at night in that neighborhood. Plaintiff...

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