POLLESCHE v. K-MART ENTERPRISES OF UTAH, INC.

No. 13384.

520 P.2d 200 (1974)

Gideon POLLESCHE, Plaintiff and Appellant, v. K-MART ENTERPRISES OF UTAH, INC., et al., Defendants and Respondents.

Supreme Court of Utah.

March 18, 1974.


Attorney(s) appearing for the Case

Leon A. Halgren, of Ryberg, McCoy & Halgren, Salt Lake City, for plaintiff and appellant.

Rex J. Hanson, of Hanson, Wadsworth & Russon, Salt Lake City, for defendants and respondents.


HENRIOD, Justice:

Appeal from a judgment of dismissal at the end of plaintiff's testimony in a jury case of no cause of action, for the reason assigned by the trial court that plaintiff's own testimony, as a matter of law reflected no compensability because of plaintiff's contributory negligence. Affirmed, with costs to defendant.

The only evidence adduced was that of the plaintiff himself, — most of which was elicited on direct examination, —...

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