Saunders v. Southern Pacific Co.
Utah Supreme Court
Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by Philander V. Saunders against the Southern Pacific company for damages sustained by plaintiff while a passenger on defendant's train. From a judgment of nonsuit, plaintiff appeals. The facts are set out in the opinion of the court and. in the opinion of Justice Miner, dissenting.
Read the full summary
Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by Philander V. Saunders against the Southern Pacific company for damages sustained by plaintiff while a passenger on defendant's train. From a judgment of nonsuit, plaintiff appeals. The facts are set out in the opinion of the court and. in the opinion of Justice Miner, dissenting. The point most relied upon by respondent in the lower court was that of contributory negligence. • It insisted that appellant was guilty of culpable negligence in voluntarily placing himself in an…
1Opinion of the Court
Bartch, J.:
The plaintiff brought this action to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant. At the trial - of the cause, when the plaintiff rested his case, he was non-suited, and thereafter a motion for a new trial was refused. Thereupon lie appealed to this court, claiming that the trial court erred in granting the motion for .a nonsuit and dismissed the action, and in overruling and denying his motion for a new trial. The facts disclosed by tb.e plaintiff’s testimony, and admitted by the pleadings, are substantially as…
2Cases cited10 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Baltimore & Ohio & Chicago Railroad v. RowanIndiana Supreme Court · 1885
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Williams v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Pribbeno v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1908
- Wilson v. Sioux Consolidated Mining Co.Utah Supreme Court · 1898
- Kirkendall v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1912
11 more not listed; retrieve them via the Exa API.