Hillyard v. Utah By-Products Co.

CROCKETT, Justice.

Robert Reif, plaintiff’s son, was killed when the car in which he was riding as a guest crashed into the rear of defendant’s truck which was parked with its rear end protruding out onto the highway. From a jury verdict and judgment in favor of the plaintiff, defendant appeals.

Defendant’s assaults upon the judgment form a not unfamiliar pattern:

1. That the deceased was guilty of negligence which contributed to cause his own death;

2. That the deceased’s host driver was negligent which was the sole proximate cause of the collision;

3. That there was insufficient evidence that…