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THOMAS v. UNION PACIFIC RAILROAD COMPANY

No. 14224.

548 P.2d 621 (1976)

Jay A. THOMAS, for himself, and Jessica May Thomas, an infant, through her guardian Jay A. Thomas, Plaintiffs and Appellants, v. UNION PACIFIC RAILROAD COMPANY, a corporation, and Carol Payne Hansen, Defendants and Respondents.

Supreme Court of Utah.

April 6, 1976.

Attorney(s) appearing for the Case

Jackson B. Howard, of Howard, Lewis & Petersen, Provo, for appellant.

Steven A. Goodsell, Salt Lake City, for Union Pacific.

Ray H. Ivie, of Ivie & Young, Provo, for Hansen.

TUCKETT, Justice:

This is a wrongful death action wherein the plaintiffs seek to recover for the deaths of Penna Lee Thomas and Janna Lee Thomas, who were killed in an automobile collision when an automobile in which they were riding ran into the side of a moving train. Decedents were riding in an automobile being operated by the defendant Carol Payne Hansen. The plaintiffs claim that both the Railroad Company and the operator of the automobile were guilty of negligence...

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