Lundquist v. Kennecott Copper Co.

CALLISTER, Chief Justice:

Plaintiff, motorist, initiated this action to recover damages for the personal injuries he sustained in a collision with a train operated by the defendants. Defendants, on the basis of the pleadings and depositions, moved for summary judgment, which the trial court granted. Plaintiff appeals therefrom, urging that the trial court erred in finding him contributorily negligent as a matter of law.

Plaintiff, who resided in Murray, Utah, was returning to his home from Tooele on April 1, 1970, at approximately 7 o’clock in the evening. Due to plaintiff’s unfamiliarity with…