Roberts v. Trackwork Construction Co.
Roberts v. Trackwork Construction Co.
Opinion of the Court
Sharon Roberts, plaintiff, commenced this action seeking to recover for damage to her automobile and for personal injuries which she claims resulted from the defendant’s negligence. From an adverse verdict and judgment the plaintiff appeals to this court.
Mrs. Roberts contends that the Construction Company was negligent in installing the rail in question in such a high position as to constitute a hazard to vehicles, and that it failed to warn drivers of the hazardous condition. The Construction Company claims that Mrs. Roberts was guilty of contributory negligence in failing to maintain a proper lookout and in operating her automobile at an excessive rate of speed in view of the conditions existing at the time and place of the accident.
The case was submitted to the jury on a special verdict. The jury found that the Construction Company was negligent in that it did not warn the plaintiff by signs or otherwise of the danger in crossing the tracks. The jury further found that the negligence of the defendant was the proximate cause of the plaintiff’s car striking the rail. On the issue of the plaintiff’s contributory negligence the jury found that Mrs. Roberts was guilty of negligence in' failing to maintain a proper lookout and in driving too fast for the general condition of the road. The jury did not answer the interrogatories submitted pertaining to the damages suffered by Mrs. Roberts. The court entered a judgment of no cause of action based upon the jury’s findings.
Mrs. Roberts is here contending that she is entitled to a reversal of the judgment of the court below upon the ground that she was entitled to a directed verdict in her favor, and that the court erred in entering a judgment upon the findings of the jury which were inconsistent.
We are of the opinion that the findings of the jury respecting Mrs. Roberts’ contributory negligence are based upon ample evidence, and that the findings should not be disturbed. In view of the jury’s findings, Mrs. Roberts is not entitled to a judgment, and the judgment of the court below is affirmed. Costs to the defendant.
. Hall v. Blackham, 18 Utah 2d 164, 417 P.2d 664, and cases cited therein.
Reference
- Full Case Name
- Sharon ROBERTS, and v. TRACKWORK CONSTRUCTION COMPANY, and
- Status
- Published