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GOEBEL v. SALT LAKE CITY SOUTHERN R. CO.

No. 20020825.

104 P.3d 1185 (2004)

2004 UT 80

Edward George GOEBEL and Kathy Goebel, Plaintiffs, Appellants, and Cross-Appellees, v. SALT LAKE CITY SOUTHERN RAILROAD COMPANY, Salt Lake City Corporation, Inc., Omni Products, Inc., Union Pacific Railroad Company, Utah Transit District, Defendants, Appellees, and Cross-Appellants.

Supreme Court of Utah.

Rehearing Denied January 20, 2005.

Attorney(s) appearing for the Case

Peter C. Collins, Salt Lake, for plaintiffs.

E. Scott Savage, Casey K. McGarvey, Martha S. Stonebrook, Salt Lake, for defendants.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 Plaintiffs-appellants Edward and Kathy Goebel (the Goebels) appeal a grant of directed verdict and other rulings in favor of defendant-appellee Salt Lake City Southern Railroad Company, Inc. (Southern), and a grant of summary judgment in favor of Salt Lake City Corporation (the City). In brief, the Goebels argue that the trial court committed reversible error by:

(1) ruling that, as a matter of law, a...

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