Evans v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from District Court, First District; Hon. W. W. Mtmghan, Judge. Action by Samuel K. Evans, and another administrator of Jesse J. Price, against tbe Oregon Short Line Railroad Company. Judgment for plaintiffs. Defendant appeals. appellant’s points. This court has uniformly held that the pecuniary loss arising from various elements of damage, is the sole measure of the damages recoverable in such an action as this.
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Appeal from District Court, First District; Hon. W. W. Mtmghan, Judge. Action by Samuel K. Evans, and another administrator of Jesse J. Price, against tbe Oregon Short Line Railroad Company. Judgment for plaintiffs. Defendant appeals. appellant’s points. This court has uniformly held that the pecuniary loss arising from various elements of damage, is the sole measure of the damages recoverable in such an action as this. (Webb v. D. & B. G. B. B. Go., 7 U. 17; Chilton v. U. F. B. B. Go., 8 Utah, 47; Gorbett v. O. S. L. B. B. Go., 25 Utah,'449; Beeman v. Martha Washington Go., 23 Utah, 139.)…
1Opinion of the CourtFrick, J.
This is an action by respondents, as administrators of the estate of one Jesse J. Price, deceased, to recover damages which it is alleged resulted from his death to his surviving widow and eight minor children, for whose benefit the action was prosecuted. Jesse J. Price was killed on the 19th day of September, 1907, in a collision with a passenger train of appellant while attempting to cross its railroad track with a team and wagon at a public road crossing in the town of Richmond, Cache County, this state, and it is alleged that the collision and death of said Price was caused by the…
2Cases cited22 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
- Redfield v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Dyas v. Southern Pacific Co.California Supreme Court · 1903
- Chicago, Peoria & St. Louis Railroad v. WoolridgeIllinois Supreme Court · 1898
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Behrens v. Raleigh Hills Hospital, Inc.Utah Supreme Court · 1983
- Allen v. United StatesDistrict Court, D. Utah · 1984
- Jones v. CarvellUtah Supreme Court · 1982
- Toomer's Estate v. Union Pac. R. Co.Utah Supreme Court · 1951
- Norton v. MacFarlaneUtah Supreme Court · 1991
18 more not listed; retrieve them via the Exa API.