Jensen v. Oregon Short Line R.

I concur in the order reversing the judgment and directing a new trial. The plaintiff’s testimony, in my judgment, conclusively establishes that the deceased was chargeable with such contributory negligence as precludes the plaintiff’s right to recover.

I express no opinion on the remaining question discussed by Mr. Justice THURMAN. I can see no difference in principle between ,this case and the case of Butler v. Payne, 59 Utah 383, 203 Pac. 869, decided at the present term.