SCHULZ v. QUINTANA

No. 15134.

576 P.2d 855 (1978)

LeRoy SCHULZ, Plaintiff and Respondent, v. Jose QUINTANA, Defendant and Appellant.

Supreme Court of Utah.

February 27, 1978.


Attorney(s) appearing for the Case

Phil L. Hansen & Assoc., Phil L. Hansen, Salt Lake City, for defendant and appellant.

Bishop & Harmsen, Stephen M. Harmsen, Salt Lake City, for plaintiff and respondent.


ELLETT, Chief Justice:

This appeal is from a judgment given in favor of Mr. Schulz for injuries he sustained when he tripped and fell over a survey stake at the edge of Mr. Quintana's newly acquired land.

The judge read from interrogatories and answers made thereto and told the jury: "All right, now there is no dispute with that, ladies and gentlemen, that is an accepted fact in the proceedings." What he had read to them was this: "State whether on or prior...

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