Hill v. Varner

4 Utah 2d 166 (1955)

290 P.2d 448

HOWARD K. HILL, PLAINTIFF AND RESPONDENT,

v.

WILLIAM VARNER, DEFENDANT AND APPELLANT.

No. 8377.

Supreme Court of Utah.

November 29, 1955.

George B. Handy, Ogden, for appellant.

Richard W. Brann, Ogden, Amicus Curiae, for respondent.

McDONOUGH, Chief Justice.

Defendant, upon a counterclaim tried to the court, recovered judgment against plaintiff for damage to his truck in a collision; but the lower court held that inasmuch as he had not proved the amount of his loss with reasonable certainty that he was entitled only to nominal damages of $5. Defendant appeals, alleging…