Show t COURT aUR 1 NEWS i B j In the Fourth Judicial District Court of the State of Utah in and for Uintah County November 25 1975 No 2223 In the matter of ot the e estate of oC James K Faydock his matter came before the tIle court on a petition of or Eleanor F F. F for Cor final discharge of administratrix 1 The petition was gr granted as prayed for by h he court No 2206 In the matter of oC the estate of Arlington John Murray This matter came b before fore the court on a petition of oC Myrtle Murray for first and final accounting report of oC administratrix and petition for distribution Hearing was set for Cor December 9 before Judge Sorensen Both attorneys Corthe for Cor forthe forthe the matter were present Incourt in court No 2254 In the matter of the e estate of Richard M M. the Coltharp This matter came beC before re the court on a petition of Anne N N. Coltharp for approval of f sale Bids were called for Cor and received by the court for Cor the sale of oC mining claims for Cor LittleMan LittleMan Little LittleMan Man Mine No 1 through 40 for Cor The petition was granted as prayed for No 2263 In the matter of the estate of James Taft Mc Me- Naughton This matter came before the court on a petition of oC vylen Evylen M M. McNaughton for approval of first and final accounting accounting ac ac- ac counting decree of distribution and discharge of ad ad- There being no objections the petition was granted as prayed for subject to the amendment of joint i tenancy nancy No 2300 In the matter of the estate of Joseph Jpseph C. C Price This matter came before the court urt on a petition of John L L. L Price for letters testamentary John Sohn L. L Price was appointed administrator subject to his taking the oath No bond is required The will wiIl was offered and nd the court No 2276 In the matter of the e estate of Thelma lorg Iorg also mown mown as Thelma C. C lorg Iorg This matter came before the court courton courton on on a petition of Verl VerI C. C Iorg C.-Iorg lorg Iorg Sr for final distribution An assignment was offered and received j by the court A quitclaim quit quit- Flaim claim deed was offered and withdrawn Petition for final distribution was was granted as asPray Pray prayed played i for ri LIn 2279 In the matter of fIl the flee est estate f t of r-n r Silly ll Jimmie Jimmi poad This matter matter came before the court on a petition of ot 1 Donna bonna onna Haas Naas for approval of first and final accounting decree of distribution and release of administratrix There Ther being no objections the petition was granted as prayed for tor No 2296 In the matter of the estate of ot Axle Axie LaVina Johnson This matter came before the court courton on a petition of Sterling for Cor probate of will continued The will wilt was offered offered of of- for probate and received by the court Mr was appointed administrator subject to his taking the oath No 2115 In the matter of the estate of Susanna Eaton aka Susanna McKowen Eaton This matter came before the court on petition of Reba E. E McLean for confirmation of sale of real property The court was offered a cash sale offer of by Mr Larson Caldwell and Mr Fred Carroll Ralph Pinkham then offered a bid of but was overbid by Larson Caldwell offering a bid of No 2219 In the matter of the estate of Rhoda P P. P Hatch This matter came before the court on a petition of Eula H. H Real Reali for final distribution The petition was granted as prayed for No 2298 In the matter of the estate of Richard Leon Merrill This matter came before the court on a petition of Darylene R. R Merrill for letter testamentary Darylene R R. R Merrill was appointed as administratrix administratrix administratrix ad ad- of the estate subject to taking the oath No bond is required The will wiIl was offered for admission to probate and received by the court No 2299 In the matter of the Estate of Ruth 0 O. Powell This matter came before the court on a petition of Charles Kelly Powell for admission of will to probate and for appointment appointment appointment ap of executor Mr Powell was was' appointed ad administrator administrator subject to his taking the oath No bond is required The will was offered for admission to probate and received by bythe the court No Edward Edward Colton vs Gratton Grattan E E. E Hall This matter came ame before the court on a motion and order in supplemental supplemental supplemental sup sup- proceedings and was j No kut n nJ J Jones S vs J Jimmie j es This matter is to be continued to 1 December 9 1975 No Maralee Richens lichens vs Steve L L. This matter came before betor the court courton on a divorce action The stipulation was made that the defendant is to pay Starting December 1 Until unlit this matter can be heard on Its own merit The two children are arc to be in Salt Lake City fa for fa blood tests tats next week No Kathleen A A. A Evans vs James Martin Evans Thus This Tt s smatter matter came before the court courton on an order to show cause continued from November 11 11 Witnesses were sworn and testified The plaintiffs plaintiff's motion was denied More witnesses were sworn and testified Thus This Tt s smatter matter was taken under ad No Myron Brough vs The Travelers Insurance I Company Dairyland Insurance Company This matter came before the court on a request for oral argument and change of venue This Thus matter was taken under advisement Defendants Defendant's motion for far change of venue venue from Uintah County to Salt Lake County is granted No Joyce M. M Freestone vs vs Kenneth R. R Freestone This matter came before the court on an order to to show cause and it was continued continued continued con con- to December 9 No Marci Stevenson vs Ivan Glen This matter came before the court on a divorce action The stipulation was made that the home be awarded to the plaintiff and the the care custody and control of the child and the unborn ct child ld The defendant is isto isto isto to pay the attorney fees in the amount of and court costs as a judgement The decree of divorce is granted as prayed for forin forin forin in the complaint No Susan Kay Smith vs Gerald Keith Smith This matter came before the court on a divorce action The waiting period was waived The plaintiff was sworn and testified The defendant Isto is isto isto to pay all medical expenses for forthe forthe forthe the unborn child or children and andall andall andall all other prays in the complaint The decree of divorce is granted as prayed for The plaintiff is to pay for attorney fees No Terry McKee Hodges vs William Hodges This matter came before the court on a default divorce and was stricken from the calendar No Nancy Ann Hicks vs Lucius Oliver Hicks Tt This s smatter matter came before the court courton courton on on a divorce action The child is awarded to the plaintiff with r l tj f as prayed for in the Complaint The divorce was granted as prayed for No Jay Simper Simper Lumber Lumbers vs s Doral Croft and Stan This matter came fame before the court on a motion to dismiss and motion for more definite statement This matter Is to go under Utile Rule 20 No r- r Virginia B B. B Hunting vs Earl rl Brandon Hunting This matter came before the court on a motion for change of venue The motion was granted as prayed for and to Utah County No Basin Sportsman and Electric Supply a proprietorship owned by Garth Batty vs Don Harrison This matter came before the court courton on a default judgement Judgement was granted as prayed for Cor attorney fees were awarded MAURICE HARDING District Judge In the Fourth Judicial District Court of the State of Utah in and for Cor Uintah County November 25 and 26 1975 No Robert D D. D Nelson vs Roy E. E Morgan This case comes now on regularly before the court for trial by jury the plaintiff appearing in person and being represented the defendant also appearing in person and being represented Whereupon a jury of eight persons is to try the issues of this case Comes now counsel for the plaintiff and makes his opening statement to the court and jury counsel for defendant makes his opening statement to the court and jury Witnesses were sworn and testified Defendants Defendant's exhibit 1 was offered and received Witnesses were sworn and testified The plaintiff was sworn and testified in his own behalf Plaintiffs Plaintiff's exhibits 3 and 4 were offered and received and the plaintiff rests Counsel for forthe forthe forthe the defendant cross examined the plaintiff Plaintiffs Plaintiff's exhibit 5 Defendants Defendant's exhibit 6 were offered and received Witnesses were sworn and testified There is no rebuttal Both sides rested After each side rested the jury was excused from the courtroom until the hour of 1 pm p.m. After the jury left the courtroom the counsel for forthe the defense moved the court for a directed verdict in favor of the defendant and against the plaintiff The court took the motion under advisement The court was then ordered in recess until the hour of 1 pm p.m. At 1 pm p.m. the court instructed the jury The attorneys argued the case Whereupon the jury retires at the hour of pm pmJ to consider returns returns' subsequently t to the thc court at the hour of 4 pm p.m. and says by Its foreman as follows wit to-wit We the jury In the above entitled action for our special verdict concerning part of the Issues of this case answer the questions submitted as follows 1 At the time and place in question and under the conditions conditions con as shown by the evidence was the defendant Roy Morgan negligent Answer Answer Answer An An- Yes 2 Was such negligence a proximate cause of the accident accident ac Answer Yes 3 At the time and place in question and under the conditions conditions conditions con con- as shown by the evidence was the plaintiff Robert D. D Nelson negligent Answer Yes 4 Was the negligence of the plaintiff Robert D D. D Nelson approximate approximate approximate ap ap- ap- ap proximate cause of h his s own injuries Answer Yes 5 Considering all the negligence that caused the accident at one hundred percent percent what percentage of the negligence is attributable to Defendant Roy Morgan 50 percent Plaintiff Robert D D. D Nelson Nelson 50 50 percent Total percent 6 Set forth in the amount of damages that you find plaintiff Robert D. D Nelson has suffered as a result of the the- injuries received in the accident in question medical expenses Lost wages to date General Damages 0 Damages 0 Total i Dissenting J w Ill as i nit b tl Maurice H Harding District Judge |