Sant v. Miller

LATIMER, Justice.

This action was instituted in the court below to recover damages for personal injuries suffered by appellant when he was struck by a car being driven by respondent. The question presented on this appeal is whether the trial court erred when it directed the jury to return a verdict of no cause of action for the reason that appellant was guilty of contributory negligence as a matter of law.

On the 24th day of January, 1947, appellant, his wife and another couple had proceeded from their homes in Preston, Idaho, to Logan, Utah. They arrived in the latter city at about 10:30 p. m.…