Frank v. McCarthy

McDONOUGH, Chief Justice.

Hyrum Frank, as truck driver, and his father and employer, George Frank, each brought suit for damages sustained in consequence of a railroad crossing collision in Provo, Utah. On stipulation of the parties, the cases were consolidated for trial, since the same evidence was applicable to both cases. Each plaintiff recovered a verdict; the defendants appeal.

There is sufficient evidence to show negligence on the part of defendant Trustees, which was a proximate cause of the injuries of which plaintiffs complain. The principle questions raised by the assignments of error…