PAULEY v. ZARBOCK

No. 12807.

504 P.2d 999 (1972)

29 Utah 2d 30

Mary PAULEY, Plaintiff and Appellant, v. Carol ZARBOCK, Defendant and Respondent.

Supreme Court of Utah.

December 26, 1972.


Attorney(s) appearing for the Case

Eldon A. Eliason, Delta, for plaintiff and appellant.

D. Gary Christian, of Kipp & Christian, Salt Lake City, for defendant and respondent.


HENRIOD, Justice:

Appeal from a no cause of action judgment in a rear-end auto collision case, where the trial court said defendant was negligent as a matter of law, but put to the jury the question of proximate cause. The jury found for the defendant, to the effect that the latter was not the proximate cause.

The evidence here was controversial. We have said that negligence, contributory negligence and proximate cause are jury questions. Believable evidence...

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