Legal Opinion · Dissent

Maragakis v. United States

Court of Appeals for the Tenth Circuit

Decided January 27, 1949No. Nos. 3748, 3749Published

1DissentBratton, Circuit Judge

In my opinion the facts and circumstances disclosed at the trial presented an issue of fact as to whether the driver of the station wagon was negligent. West v. Standard Fuel Co., 81 Utah 300, 17 P.2d 292; Nielsen v. Watanabe, 90 Utah 401, 62 P.2d 117; Moss v. Christensen-Gardner, Inc., 98 Utah 253, 98 P.2d 363; Trim*396ble v. Union Pacific Stages, 105 Utah 457, 142 P.2d 674. That issue of fact was for the trial court. The court resolved it in favor of the United States. I would affirm the judgment.

2Cases cited4 opinions

  1. Nielsen v. WatanabeUtah Supreme Court · 1936
  2. Trimble Et Ux. v. Union Pacific StagesUtah Supreme Court · 1943
  3. Moss v. Christensen-Gardner, Inc.Utah Supreme Court · 1940
  4. West v. Standard Fuel Co.Utah Supreme Court · 1932