Konold v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the Seventh District Court, Emery County, Hon. Jacob Johnson, Judge. Action for the recovery of damages for personal injuries sustained by plaintiff while in the employ of defendant, alleged to have been caused by the explosion of a defective boiler which plaintiff, in the discharge of his duties, was engaged in using, and of which defects the defendant was, but the plaintiff was not, aware. From a judgment for plaintiff defendant appealed.
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Appeal from the Seventh District Court, Emery County, Hon. Jacob Johnson, Judge. Action for the recovery of damages for personal injuries sustained by plaintiff while in the employ of defendant, alleged to have been caused by the explosion of a defective boiler which plaintiff, in the discharge of his duties, was engaged in using, and of which defects the defendant was, but the plaintiff was not, aware. From a judgment for plaintiff defendant appealed. It was the duty of plaintiff to observe all rules and regulations for his guidance in running the train, and he could not substitute his…
1Opinion of the CourtBaseiN, J.
This is an action for the recovery of damages, on account of injuries sustained by plaintiff on the 27th day of May, 1896, while in the employ of defendant, as an engineer on its railroad, alleged to have been caused by the explosion of a defective boiler, which the plaintiff, in the discharge of his duties, as engineer of the defendant, was engaged in using, and of which defects the defendant was, but the plaintiff was not, aware.
The answer denied these allegations, and alleged contributory negligence on the part of plaintiff.
Upon the trial the jury returned a verdict in favor of the…
2Cases cited13 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. WaidUtah Supreme Court · 1937
- Balle v. SmithUtah Supreme Court · 1932
- Jensen v. Utah Ry. Co.Utah Supreme Court · 1927
- State v. RoedlUtah Supreme Court · 1945
- Shepard v. PayneUtah Supreme Court · 1922
9 more not listed; retrieve them via the Exa API.