Kimiko Toma v. Utah Power & Light Company

NELSON, District Judge.

In this action, the plaintiff, as adminis-tratrix of the Estate of Fred R. Shook, Jr., deceased, seeks judgment against the defendant for the death of the said decedent, alleging he was killed because of the negligence of the defendant.

The burden of proving negligence is on the plaintiff. The lower court held, by its judgment for directed verdict, that the plaintiff had failed to produce evidence sufficient to discharge this burden.

On appeal from a directed verdict we must review the evidence in the light most favorable to the losing party.1 This, however, does not mean…