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SMITH v. SHREEVE

No. 14410.

551 P.2d 1261 (1976)

Barbara SMITH, Plaintiff and Appellant, v. Lyman S. SHREEVE, Defendant and Respondent.

Supreme Court of Utah.

June 28, 1976.

Attorney(s) appearing for the Case

S. Rex Lewis, of Howard, Lewis & Petersen, Provo, for plaintiff and appellant.

David E. West, Salt Lake City, for defendant and respondent.

ELLETT, Justice:

The plaintiff appeals from a judgment in her favor claiming that the award was inadequate. She assigns errors in two particulars:

(1) The court failed to grant her request to instruct the jury that the defendant was negligent as a matter of law. (2) The court erred in failing to grant her motion for a new trial.

As to the first claim, the error, if any, was harmless since the jury found in her favor.

As to the second...

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