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WAGNER v. OLSEN

No. 12094.

482 P.2d 702 (1971)

25 Utah 2d 366

Jack Albert WAGNER, Plaintiff and Appellant, v. Earl C. OLSEN, Defendant and Respondent.

Supreme Court of Utah.

March 11, 1971.

Attorney(s) appearing for the Case

David E. Bean, of Bean, Bean & Smedley, Layton, for appellant.

Harold G. Christensen of Worsley, Snow & Christensen, Salt Lake City, for respondent.

CALLISTER, Chief Justice:

Plaintiff appeals from a judgment, upon a jury verdict, of no cause of action in his suit for the wrongful death of his three year, ten month old son.

Since it is our duty on review to accept as fact that evidence and the reasonable inferences to be drawn therefrom which supports the jury verdict,1 we will recite the facts accordingly.

Plaintiff was proceeding in a southerly direction, after dark...

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