Clark v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from tbe Fourth District Court, Utah County, Hon. W. N. Dusenberry, Judge. Action by plaintiff to recover damages for the wrongful and negligent killing of a cow by one of defendant’s trains. From a judgment for plaintiff, defendant appealed.
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Appeal from tbe Fourth District Court, Utah County, Hon. W. N. Dusenberry, Judge. Action by plaintiff to recover damages for the wrongful and negligent killing of a cow by one of defendant’s trains. From a judgment for plaintiff, defendant appealed. The appellant contends that under the state of facts shown by the testimony, the plaintiff cannot recover, because it appears that the accident was caused entirely by his own negligence, in turning his cow out upon the highway upon which a railroad track was known to run, unattended. Bunnell v. B. G. W. By. Go., 13 Utah 314. Mr. Beach, in his last…
1Opinion of the CourtBaskin, J.
This is an action in which the plaintiff, who is the respondent, seeks to recover the value of a cow alleged to have been killed through the negligence of the appellant in running one of its freight trains. The answer denied the negligence of the appellant alleged by plaintiff. Contributory negligence on the part of the plaintiff was not plead in the answer.
At the close of the testimony the appellant requested the trial court to instruct the jury to return a verdict in favor of defendant, of no cause of action. This* request was denied, and the jury returned a verdict in favor of plaintiff…
2Cases cited2 opinions
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- Bunnell v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
3Cited by5 opinions
- Smith v. Ogden & N. W. R.Utah Supreme Court · 1907
- Alabama Great Southern Railroad v. McDanielSupreme Court of Alabama · 1915
- Pollari v. Salt Lake CityUtah Supreme Court · 1947
- Bruno v. GrandeArizona Supreme Court · 1926
- Silcock v. Rio Grande Western Railway Co.Utah Supreme Court · 1900