JOHNSON v. HARTVIGSEN

No. 9427.

13 Utah 2d 322 (1962)

373 P.2d 908

MARY JOHNSON, PLAINTIFF AND APPELLANT, v. MABEL ELLEN HARTVIGSEN, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

August 16, 1962.


Attorney(s) appearing for the Case

Hanson, Baldwin & Allen, Merlin Lybbert, Salt Lake City, for appellant.

Raymond M. Berry, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiff, a passenger in the defendant's car, was injured when the defendant's brakes failed going down a hill, and the latter stopped the car by running it into a tree. A jury trial resulted in a no cause of action verdict against the plaintiff.

The essential points raised are: that the court erred in submitting to the jury the questions of plaintiff's assumption of risk and contributory negligence.

Plaintiff and defendant had...

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