WHITE v. NEWMAN

No. 9038.

10 Utah 2d 62 (1960)

348 P.2d 343

EDWARD H. WHITE, PLAINTIFF AND RESPONDENT, v. JOHN ALFRED NEWMAN, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

January 18, 1960.


Attorney(s) appearing for the Case

Hurd, Bayle & Hurd, Salt Lake City, for appellant.

Sumner J. Hatch, Salt Lake City, for respondent.


HENRIOD, Justice.

Appeal from a judgment in favor of plaintiff for damage to his motorcycle in a nonjury case. Affirmed, with costs to plaintiff.

Plaintiff drove his motorcycle into defendant's service station and asked the attendant to fill two gas tanks. He did not cut his motor. One tank was filled, and there is evidence to the effect that while filling the second tank the attendant in turning his head, spilled gas onto the hot engine. The trial court,...

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