(Download) "Duane Roylance v. Stephen L. Davies" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: Duane Roylance v. Stephen L. Davies
- Author : Supreme Court Of Utah
- Release Date : January 20, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The plaintiff was a guest in his buddys automobile on a Christmas day. Both had celebrated the occasion with a few nips of liquid refreshment containing the proper amount of alcohol to bring cheer and gladness to the hearts of the partakers. Before the day was over, the defendant driver had run his car against a steel light pole causing the plaintiff to sustain injuries. At that time or later plaintiff decided that he, like Old Dog Tray, had been in the wrong company all day long. He lost some vision in one eye as a result of being in the collision, and it may be that the impaired vision enabled him to see more clearly than before that the law being what it is in Utah, he should have stayed home. Utah has a statute which prevents a guest from recovering from his host except for injury proximately resulting from intoxication or willful misconduct. (Section 41-9-1, Utah Code Annotated 1953.) It is further provided therein that the plaintiff has the burden of showing that such intoxication or willful misconduct was the proximate cause of the injury. The courts of this State cannot be the forum wherein the wisdom of the statute or the lack of it is debated. The legislature has already performed that function, and that department of government has said in language too clear to be misunderstood that a guest cannot recover from his host for ordinary negligent acts in connection with the driving of the automobile in which both are riding. The action can be maintained only where the injury results from intoxication on the part of the host or from his willful misconduct.
 "Duane Roylance v. Stephen L. Davies" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free){kind=link}