Holmgren v. Union Pac. R. Co.

WOLFE, Justice.

Appeal by the plaintiff from a judgment of nonsuit in an action by plaintiff against defendant for the wrongful death of plaintiff’s decedent, Leroy P. Holmgren.

Holmgren was killed on the afternoon of June 5, 1947, when one of the defendant’s trains collided with a truck driven by the decedent. The fatal accident occurred at the intersection of a public road with one of defendant’s tracks at a point just south of the Weber-Box Elder County line. The locale of the accident is more particularly described as follows:

At the site of the accident three railroad tracks run in a…