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UNION PACIFIC RAILROAD COMPANY v. IDEAL BASIC INDUSTRIES

No. 18148.

656 P.2d 458 (1982)

UNION PACIFIC RAILROAD COMPANY, a corporation, Plaintiff and Appellant, v. IDEAL BASIC INDUSTRIES, a Colorado corporation, The Hitching Post Bar, a Utah corporation, and Jacob Whitney Pentz, Defendants and Respondents.

Supreme Court of Utah.

November 12, 1982.

Attorney(s) appearing for the Case

Norman W. Kettner, Dennis C. Farley, Salt Lake City, for plaintiff and appellant.

D. Gary Christian, Darwin G. Kendall, Robert M. Archuleta, Salt Lake City, Sandy, for defendants and respondents.

PER CURIAM:

The plaintiff railroad appeals from a summary judgment of no cause for the action it filed against the defendant cement products company ("Ideal"). Plaintiff complains it was damaged by the derailment of several freight cars allegedly caused when one of Ideal's admittedly off-duty and unauthorized employees, the defendant Pentz, commandeered a huge loader1 which belonged to Ideal.

Like other of Ideal's heavy equipment...

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