Dunn v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the First District Court, Box Elder County. — How. G. H. Hart, Judge. * Action to recover damages for personal injuries. From a judgment in favor of the plaintiff the defendant appealed. STATEMENT OF FACTS. In this suit the plaintiff seeks to recover damages for personal injuries which he claims he received through the negligence of the defendant.
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Appeal from the First District Court, Box Elder County. — How. G. H. Hart, Judge. * Action to recover damages for personal injuries. From a judgment in favor of the plaintiff the defendant appealed. STATEMENT OF FACTS. In this suit the plaintiff seeks to recover damages for personal injuries which he claims he received through the negligence of the defendant. The answer denies the negligence charged, and alleges contributory negligence and assumed risk on the part of the plaintiff. As a witness in his own behalf, the plaintiff, among other things, testified, in substance, that on the morning…
1Opinion of the Court 1
The case having been stated, as above,
2Opinion of the Court · BartchBartch, C. J.
At the time of the submission of the case to the jury the defense, inter alia, requested the court to charge as follows: 1 ‘ The court charges you in this case that, as matter of law, the plaintiff is not entitled to recover, and your verdict should therefore be for the defendant.” This request was refused, and the action of the court in the premises has been assigned as error.
The appellant contends that the entire record presented a case involving the principle of assumed risk of the servant, and showed such a state of facts as made it the duty of the…
3Cases cited9 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
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4Cited by6 opinions
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- Grandin v. Southern Pac. Co.Utah Supreme Court · 1906
- Petersen v. Utah Labor Comm'nUtah Supreme Court · 2017
- Swift & Co. v. SchusterCourt of Appeals for the Tenth Circuit · 1952
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