[DOWNLOAD] "Weenig Bros. v. Manning" by Supreme Court Of Utah " Book PDF Kindle ePub Free
eBook details
- Title: Weenig Bros. v. Manning
- Author : Supreme Court Of Utah
- Release Date : January 02, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
CROCKETT, Justice. Plaintiff's station wagon, which it uses as a delivery truck, driven by Ronald Z. Weenig northward on Wall
Avenue in Ogden, Utah, collided with defendant Manning's coupe which he was driving southward. Trial was to the court. Although
defendant was over the center line and thus on his wrong side of the road, the court did not find him negligent, but did find
that the plaintiff was contributorily negligent. From adverse judgment the plaintiff appeals. In order to upset the judgment and command one in its favor, the first obstacle plaintiff must overcome is to demonstrate
that the evidence shows with such certainty that reasonable minds could not differ thereon that the defendant was guilty of
negligence which proximately caused the collision. In the absence of such degree of proof we could not direct that such finding
be made and reverse the decision of the lower court. 1 The defendant having prevailed, on conflicting matters the evidence
is viewed in the light most favorable to him. 2
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