Wagner v. Olsen

CALLISTER, Chief Justice:

Plaintiff appeals from a judgment, upon a jury verdict, of no cause of action in his suit for the wrongful death of his three year, ten month old son.

Since it is our duty on review to accept as fact that evidence and the reasonable inferences to be drawn therefrom which supports the jury verdict,1 we will recite the facts accordingly.

Plaintiff was proceeding in a southerly direction, after dark, at about seven o’clock in the evening, in his automobile on U. S. Highway 91, in Layton, Utah, on November 1, 1964. He observed an automobile accident; so he continued to an…