SMITH v. FRANKLIN

No. 9664.

14 Utah 2d 16 (1962)

376 P.2d 541

THELMA BRYSON SMITH, GUARDIAN OF THE PERSON AND ESTATE OF CAROL SMITH, PLAINTIFF AND APPELLANT, v. LORRIE FRANKLIN, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

November 28, 1962.


Attorney(s) appearing for the Case

Allen M. Swan, Salt Lake City, for appellant.

Rich & Strong, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiff Thelma B. Smith, as guardian of Carol Smith (her granddaughter), seeks to recover for the death of Ardith Smith (her daughter) which resulted from a collision while the deceased was riding in the defendant's car.

The problem which has proved to be of controlling importance in this case is whether the deceased was a passenger for hire, as contended by plaintiff, or a guest, as contended by defendant.

Our statute, Sec. 41...

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