Foster v. Steed

CROCKETT, Chief Justice.

Plaintiff Don Foster sued to recover for injuries from burns he suffered when, at the request of the defendants, he was helping them get a balky car started at their service station in Bountiful. After the presentation of all the evidence the trial court granted defendants’ motion for a directed verdict of no cause of action on the ground that the plaintiff had (1) assumed the risk or (2) was contributorily negligent. He appeals.

Where the trial court has refused to submit the issues to the jury, and has ruled on them as a matter of law, his action can properly be…