Anderson v. Bingham & Garfield Ry. Co.

WOLFE, Justice.

This action was commenced by the appellant, Lloyd C. Anderson, plaintiff below, to recover damages allegedly incurred when the automobile he was driving collided with a train owned and operated by the respondent, Bingham & Garfield Railway Company, defendant below. The parties will hereinafter be referred to as they appeared in the lower court.

The accident occurred at approximately 9:00 p. m. on May 23, 1947, at a point where the defendant’s railroad track crosses U. S. Highway 50, a short distance west of Garfield, Salt Lake County, Utah. There the highway extends in a general…