Compton v. Ogden Union Ry. & Depot Co.

CROCKETT, Justice.

Mrs. Anna Compton was killed on September 8, 1949, when she was struck by a diesel engine operated by the defendant’s employees in its yard at Ogden, Utah. The plaintiffs, who are the surviving husband (since passed away), and adult sons of the deceased, appeal from a judgment of dismissal under rule 41(b), U. R. C. P. (formerly non-suit) entered by the trial court at the conclusion of the plaintiffs’ case.

The two issues presented for review are two claimed errors of the trial court: (1) in ruling that the decedent was contributorily negligent as a matter of law; and (2) in…