Legal Opinion · Concurring in part, dissenting in part

Johnson v. Matlock

Court of Appeals for the Tenth Circuit

Decided September 4, 1985No. 83-1988Published

1Concurring in part, dissenting in partBaldock, District Judge

I agree with the majority’s decision on the second issue concerning the admissibility of reconstruction photos. I disagree with the majority’s decision on the first issue: whether the district court erred in failing to rule as a matter of law that the *1435juncture of the two roads constitutes a statutory intersection. In concluding that the issue was a question of fact properly submitted to the jury, the majority announces new Utah law. Because I believe the majority enters the domain of the Utah State Legislature, I respectfully dissent.

The majority creates a new test for determining a…

2Cases cited4 opinions

  1. Thompson v. Ford Motor CompanyUtah Supreme Court · 1964
  2. Hall v. WarrenUtah Supreme Court · 1981
  3. Douglas v. GigandetUtah Supreme Court · 1958
  4. Hathaway v. MarxUtah Supreme Court · 1968

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