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FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY v. GORDON

No. 10240.

16 Utah 2d 302 (1965)

400 P.2d 19

FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, PLAINTIFF AND APPELLANT, v. PHILLIP L. GORDON AND NEIL GORDON, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 18, 1965.

Attorney(s) appearing for the Case

J. Royal Andreasen, Salt Lake City, for appellant.

J. Richard Bell, Salt Lake City, for respondents.

HENRIOD, Chief Justice.

Appeal from a judgment of no cause of action in a collision case. Reversed and remanded for a new trial. Costs to plaintiff.

Defendant Phillip, brother of Neil Gordon, at the latter's request, took Gordon's car, went to a town about 25 miles away, picked up Gordon's girl friend, and was returning to Salt Lake when the collision occurred. It is undisputed that Phillip, without a driver's license, was traveling between 50 and 60 miles...

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