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LAYTON v. UNION PACIFIC RAILROAD COMPANY

No. 11204.

445 P.2d 988 (1968)

21 Utah 2d 374

Karen Lillian LAYTON and Kathy Layton by and through her guardian ad litem, Karen Lillian Layton, Plaintiffs and Appellants, v. UNION PACIFIC RAILROAD COMPANY, a corporation, and Denver and Rio Grande Western Railroad Company, a corporation, Defendants and Respondents.

Supreme Court of Utah.

October 15, 1968.

Attorney(s) appearing for the Case

Clarence Jack Frost, Roy, for appellants.

Howard Coray, Grant H. Bagley, Clifford L. Ashton, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for respondents.

ELLETT, Justice:

This is an appeal from an order of the district court dismissing the complaint against the Denver and Rio Grande Western Railroad Company, hereafter referred to as the D. & R.G.W. The action is for wrongful death and is brought by the widow and posthumous child of the deceased. It was originally commenced against the Union Pacific Railroad Company within the time provided by law.1 The deceased was killed January 15...

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