Wilkerson v. McCarthy

The trial court, after hearing all the evidence and seeing the witnesses, directed a verdict of no cause of action. The Utah Supreme Court, in a careful opinion, decided two propositions: First, whether this Court still holds that a plaintiff “in order 'to recover must still show negligence on the part of the employer.” It resolved its doubts by relying upon statements of this Court to the effect that it still does adhere to that requirement.1 Second, whether there is any evidence of negligence. On *75a careful analysis, it found no evidence whatever of negligence in this case. Following…