MacShara v. Garfield

ELTON, District Judge.

This is a suit for injuries suffered by Gary Macshara, 17-year-old son of the plaintiff, arising out of an automobile collision at the intersection of Tyler Avenue and Sheridan Drive in Ogden, Utah, on the late afternoon of August 23, 1964. From an adverse verdict plaintiff appeals.

Defendant Rulon Garfield was traveling west on Sheridan Road approaching its intersection with Tyler Avenue, while Gary Macshara was driving south on Tyler Avenue. There are no traffic signs or signals at that intersection. The parties are in dispute as to who entered it first. The point of…