Walter Larson v. Robert George Evans

McDONOUGH, Justice. Plaintiffs brought the action below to recover damages for personal injuries and property damage arising
out of an automobile accident. From a jury verdict of no cause of action and the denial of a motion for a new trial plaintiffs
appeal. At 8:50 p. m. on the evening of October 23, 1958, the defendant failed to observe a stop sign at the intersection of Evergreen
Avenue and 23d East Street in Salt Lake City and collided with the car in which the plaintiffs were riding. The plaintiffs
had the right of way and were proceeding north on 23d East when the accident occurred. The defendant was traveling west on
Evergreen. Because of a dense hedge five or six feet high, which extended along the south side of Evergreen to within a few
feet of the edge of 23d East, the drivers of the two vehicles were unable to see each other until shortly before entering
the intersection. Upon seeing each other, both drivers swerved to avoid the collision but without success. The right front
of the Larson vehicle collided with the left front of the defendant's automobile. After the impact both cars traveled approximately
50 feet. As a result of the accident, plaintiffs suffered personal injuries and property damage for which they sought the
recovery of damages in the action below.