LUNDQUIST v. KENNECOTT COPPER CO., INC.

No. 13271.

516 P.2d 1182 (1973)

30 Utah 2d 262

Garr J. LUNDQUIST, Plaintiff and Appellant, v. KENNECOTT COPPER CO., INC., a Utah corporation, and F.H. McCouley, Defendants and Respondents.

Supreme Court of Utah.

December 3, 1973.


Attorney(s) appearing for the Case

Michael D. Esplin of Esplin & Halliday, Salt Lake City, for plaintiff and appellant.

Richard H. Moffat, Salt Lake City, for respondents.


CALLISTER, Chief Justice:

Plaintiff, motorist, initiated this action to recover damages for the personal injuries he sustained in a collision with a train operated by the defendants. Defendants, on the basis of the pleadings and depositions, moved for summary judgment, which the trial court granted. Plaintiff appeals therefrom, urging that the trial court erred in finding him contributorily negligent as a matter of law.

Plaintiff, who resided in Murray, Utah...

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