DONOHUE v. ROLANDO

No. 10079.

16 Utah 2d 294 (1965)

400 P.2d 12

DARRELL J. DONOHUE, PLAINTIFF AND APPELLANT, v. MARGARET ROLANDO, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

March 12, 1965.


Attorney(s) appearing for the Case

S.V. Litizzette, Helper, Rawlings, Wallace, Roberts & Black, Salt Lake City, for appellant.

Hanson & Garrett, Salt Lake City, for respondent.


McDONOUGH, Justice.

Phillip Donohue, a child of six and one-half years, was struck and killed by defendant's automobile as he rode his bicycle along a road in Spring Glen, Utah. Phillip's father sued defendant and from adverse jury verdict and judgment entered thereon he appeals.

Plaintiff asserts error in the lower court in that it: (1) determined as a matter of law the standard of care required by the deceased child; (2) failed to submit his case under the...

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