Evans v. Stuart

CROCKETT, Justice:

The plaintiffs, surviving widow and children of Hugh Alva Evans, sued for damages resulting from his wrongful death caused by defendant’s negligence in connection with a fire on the latter’s farm in Davis County. Upon trial to the court judgment was entered for the plaintiffs, for $9,000 general and $870.55 special damages. Defendant appeals.

Defendant’s attack upon the judgment follows a pattern which is not unusual in such cases. He contends 1) that the evidence does not support the finding-that he was negligent; 2) that it shows that deceased was contributorily negligent…