DUNCAN v. WESTERN REFRIGERATION CO.

No. 9173.

11 Utah 2d 19 (1960)

354 P.2d 572

LaVON BELNAP DUNCAN, ADMINISTRATRIX OF THE ESTATE OF MARION W. DUNCAN, DECEASED, PLAINTIFF AND APPELLANT, v. WESTERN REFRIGERATION CO., D/B/A UTAH ICE & STORAGE COMPANY, AND NORTON F. HECKER, AND HARTFORD ACCIDENT & INDEMNITY COMPANY, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

July 22, 1960.


Attorney(s) appearing for the Case

Ramon M. Child, Child, Spafford & Young, Salt Lake City, for appellant.

Moreton, Christensen & Christensen, Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from a no cause of action verdict. Affirmed with costs to defendant.

Under familiar principles of appellate review the following facts may be canvassed on appeal in this case:

Deceased had crossed Main Street, Salt Lake City, in a westerly direction between Cleveland Avenue and 13th South, not in a marked cross-walk, on a clear morning. He went to get a pillow to use in the truck in which he was traveling. Defendant, only eyewitness...

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