Legal Opinion · Dissent

Miller v. Utah Light & Traction Co.

Utah Supreme Court

Decided January 3, 1939No. 6023Published

1DissentWolfe, Justice

I think the evidence in this case should have taken it to the jury. The decision appears to me to rest on two wrong propositions: First, that where the front of the bus safely passes pedestrians standing in the walkway and follows the curve of the street car tracks, the driver has as a matter of law fully performed his duty toward such pedestrians.

Second, that the evidence in this case is not susceptible of a deduction (a) that the bus swerved suddenly toward the right after it started to turn or (b) that it is not susceptible of a deduction that the bus driver did not cut in more to the…

2Cases cited9 opinions

  1. Porter v. Greenbrier Quarry Co.Court of Appeals of Maryland · 1931
  2. Dumochel v. BecceSupreme Court of Connecticut · 1934
  3. King v. Wolf Grocery Co.Supreme Judicial Court of Maine · 1927
  4. Texas Motor Coaches, Inc. v. PalmerCourt of Appeals of Texas · 1936
  5. Barton v. CraighillSupreme Court of Pennsylvania · 1920

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