FOSTER v. STEED

No. 11489.

459 P.2d 1021 (1969)

23 Utah 2d 148

Don FOSTER, Plaintiff and Appellant, v. Elmo J. STEED, an individual; Gordon G. Wheeler, an individual; Elmo J. Steed and Gordon G. Wheeler, dba S & W Texaco Service, a partnership, Defendants and Respondents.

Supreme Court of Utah.

October 22, 1969.


Attorney(s) appearing for the Case

Frank J. Allen, Roland R. Wright, of Clyde, Mecham & Pratt, Salt Lake City, for plaintiff and appellant.

Rex J. Hanson, Merlin R. Lybbert, of Hanson & Baldwin, Salt Lake City, for defendants and respondents.


CROCKETT, Chief Justice.

Plaintiff Don Foster sued to recover for injuries from burns he suffered when, at the request of the defendants, he was helping them get a balky car started at their service station in Bountiful. After the presentation of all the evidence the trial court granted defendants' motion for a directed verdict of no cause of action on the ground that the plaintiff had (1) assumed the risk or (2) was contributorily negligent. He appeals.

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