STEELE v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY

No. 10063.

16 Utah 2d 127 (1964)

396 P.2d 751

WILLIAM H. STEELE AND MELVA R. STEELE, PLAINTIFFS AND APPELLANTS, v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY AND WEYHER CONSTRUCTION COMPANY, DEFENDANTS AND RESPONDENTS. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, CROSS APPELLANTS, v. WILLIAM H. STEELE AND MELVA R. STEELE, RESPONDENTS.

Supreme Court of Utah.

November 23, 1964.


Attorney(s) appearing for the Case

Howard & Lewis, Jerry G. Thorn, Provo, for appellants.

Bayle, Hurd & Lauchnor, Salt Lake City, for respondents.


McDONOUGH, Justice.

The plaintiffs, husband and wife, were seriously injured when their pickup truck was demolished by one of the trains of defendant railroad company. Defendant Weyher Construction Company was building a concrete vehicular overpass at the site of the accident. Plaintiffs brought suit on the theory that the construction work created a blind entry onto the tracks of the railroad and that both the construction company and the railroad were under a duty...

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