Kakunis v. Ogden Rapid Transit Co.

The plaintiff recovered judgment against the defendant for damages to his automobile, which, he alleged, were caused through the negligence of the defendant in causing one of its street cars to run against plaintiff’s automobile while he was lawfully upon one of the public streets of Ogden City, Utah.

The defendant in its answer denied the alleged acts of negligence, and averred that the accident and consequent damages to the automobile were caused through the negligence of the plaintiff and not otherwise.

*6The accident occurred on one of the principal streets of Ogden City. The evidence is to…