LUND v. PHILLIPS PETROLEUM COMPANY, INC.

No. 9119.

10 Utah 2d 276 (1960)

351 P.2d 952

FRANCIS F. LUND ET AL., PLAINTIFFS AND RESPONDENTS, v. PHILLIPS PETROLEUM COMPANY, INC., DEFENDANT AND APPELLANT.

Supreme Court of Utah.

May 3, 1960.


Attorney(s) appearing for the Case

McKay & Burton, Salt Lake City, for appellant.

K. Samuel King, Salt Lake City, for respondents.


CROCKETT, Chief Justice.

The plaintiffs sued for damages to the paint on their automobiles alleged to have been caused by some deleterious substance in the smoke and soot emitted from a flare stack at defendant's oil refinery at Woods Cross, Utah. From adverse jury verdict and judgment entered thereon defendant appeals.

Defendant challenges the verdict and the propriety of submitting the case to the jury under the doctrine of res ipsa loquitur on these bases...

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