Van Wagoner v. Union Pac. R. Co.

LATIMER, Justice.

On May 15, 1944, at approximately 6:30 P. M., Dean Van Wagoner, deceased, was driving a Ford pick-up truck south on Fourth West Street in American Fork, Utah. This street runs generally in a north and south direction, and intersects with a single railroad track of the defendant which runs generally in a northeast to southwest direction. The weather was clear, the sun was commencing to set hut was shinning brightly, and the road was dry. As the deceased attempted to pass over the crossing, his truck was hit by defendant’s engine pulling some thirty-two cars, and he was fatally…