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ROBISON v. ROBISON

No. 10034.

16 Utah 2d 2 (1964)

394 P.2d 876

FRANKLIN DUANE ROBISON, PLAINTIFF AND APPELLANT, v. ALLISON ROBISON AND THORPE ROBISON, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

August 17, 1964.

Attorney(s) appearing for the Case

Woodrow D. White, Dwight L. King, Salt Lake City, for appellant.

Hanson & Baldwin, Rex J. Hanson, Salt Lake City, for respondents.

McDONOUGH, Justice:

Plaintiff sued to recover for injuries suffered when he was struck on the head by rocks from a dynamite blast exploded by the defendants in constructing an irrigation ditch. Upon the basis of depositions of the plaintiff and two eye witnesses, the trial court granted defendants' motion for summary judgment1 on the grounds (a) that plaintiff assumed the risk; and (b) that he was contributorily negligent as a matter of...

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