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McGINN v. UTAH POWER & LIGHT COMPANY

No. 13619.

529 P.2d 423 (1974)

F. William McGINN II and Floy W. McGinn, Plaintiffs and Respondents, v. UTAH POWER & LIGHT COMPANY, a Maine Corporation, Defendant and Appellant.

Supreme Court of Utah.

December 12, 1974.

Attorney(s) appearing for the Case

Stephen B. Nebeker and Paul S. Felt, Ray, Quinney & Nebeker, Sidney G. Baucom and M. Blaine Hofeling, Salt Lake City, for defendant and appellant.

D. Frank Wilkins, James B. Lee and Gordon L. Roberts, Parsons, Behle & Latimer, Salt Lake City, for plaintiffs and respondents.

HENRIOD, Justice:

Appeal from an order granting a new trial after a no cause of action judgment had been entered in a personal injury case, where, under provisions of Idaho's comparative negligence statute,1 stipulated to by the parties as being controlling, the jury returned a special verdict concluding that plaintiff was 60 per cent negligent and defendant 40 per cent negligent, which, under such provisions, would preclude recovery by...

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