Kirchgestner v. Denver & Rio Grande Western R.

WOLFE, Chief Justice.

The appellant’s petition for rehearing was granted in this case to allow us to consider on its merits the question whether the trial court erred in denying the appellant’s request that the jury be instructed that in order to avoid the release executed by the respondent, he must prove a mutual mistake of fact by “clear, unequivocal” evidence. Instead, the court charged the jury that a mutual mistake of fact need only be proved by a “preponderance of the evidence.” For the facts of the case, see our original opinion, 118 Utah 20, 218 P. 2d 685.

Upon the authorities cited in…