WELLMAN v. NOBLE

No. 9392.

12 Utah 2d 350 (1961)

366 P.2d 701

VADA WELLMAN, PLAINTIFF AND RESPONDENT, v. V. GLEN NOBLE AND PERRY C. ADAMS, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 5, 1961.


Attorney(s) appearing for the Case

L.E. Midgley, Salt Lake City, for appellants.

David K. Holther and Kunz & Kunz, Ogden, for respondent.


WADE, Chief Justice.

Appeal from a judgment granting a new trial as to damages, unless both sides agreed to an addition of $3,000 to a general damage jury award of $2,000 and special damages of $2,500.1 Defendants withheld consent.

Two questions require consideration: 1) Was the court's refusal to instruct on "unavoidable accident" prejudicial error? 2) Did the court abuse its discretion in granting a new trial? We consider these...

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