Switzer v. Reynolds

MAUGHAN, Justice:

Plaintiffs appeal the district court’s dismissal of a wrongful death action brought on behalf of five minor children. We reverse and remand for trial. All statutory references are to Utah Code Annotated, 1953, unless otherwise indicated.

On June 24, 1963, Gordon Switzer was killed when a large tractor shovel machine he was operating overturned on a freeway in Parley’s Canyon, east of Salt Lake City. At the time of the accident, Switzer was employed by defendant Reynolds. The machine had been manufactured by defendant Clark Equipment Company (hereinafter Clark) and sold to…