KIMIKO TOMA v. UTAH POWER & LIGHT COMPANY

No. 9402.

12 Utah 2d 278 (1961)

365 P.2d 788

KIMIKO TOMA, ADMINISTRATRIX OF THE ESTATE OF FRED R. SHOOK, JR., DECEASED, PLAINTIFF AND APPELLANT, v. UTAH POWER & LIGHT COMPANY, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

October 26, 1961.


Attorney(s) appearing for the Case

Clyde C. Patterson and Robert V. Phillips, Ogden, for appellant.

Ray, Quinney & Nebeker, Marvin J. Bertoch, F. Gerald Irvine, Sidney G. Baucom, Salt Lake City, for respondent.


NELSON, District Judge.

In this action, the plaintiff, as administratrix of the Estate of Fred R. Shook, Jr., deceased, seeks judgment against the defendant for the death of the said decedent, alleging he was killed because of the negligence of the defendant.

The burden of proving negligence is on the plaintiff. The lower court held, by its judgment for directed verdict, that the plaintiff had failed to produce evidence sufficient to discharge this burden...

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