Hill ex rel. Hill v. Southern Pacific Co.
Utah Supreme Court
Appeal from tbe Second District Court, Weber County. — Hon. II. H. Holapp, Judge. Action to recover damages for personal injuries alleged to have been caused through, the negligence of defendant company. Erom a judgment for plaintiff, defendant appealed.
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Appeal from tbe Second District Court, Weber County. — Hon. II. H. Holapp, Judge. Action to recover damages for personal injuries alleged to have been caused through, the negligence of defendant company. Erom a judgment for plaintiff, defendant appealed. It is an elementary legal proposition that it is one of the risks of the employment, that with the ordinary implements and tools used in the performance of his labor, the servant or employee assumes the risk, unless it is some hidden defect or complicated machinery with which the master should be familiar and the servant ignorant. Bailey’s…
1Opinion of the Court 1
*100A statement of the case as above having been made,
2Opinion of the Court · BaRTCI-iBaRTCI-i, C. J.
The appellant, in the first instance, insists that the evidence fails to show, in accordance with the allegations of the complaint, that the candlesticks, which supported the car under which the plaintiff was injured, were defective, insufficient or unsafe, for the purpose for which they were being used, and ihat, therefore, the proof fails to justify the verdict and judgment. This was a question of fact to be determined by the jury, and "without referring to the evidence in detail, it suffices to say that there is some evidence in the record,…
3Cases cited9 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Roth v. Northern Pacific Lumbering Co.Oregon Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
4Cited by8 opinions
- Stephens v. ElliottMontana Supreme Court · 1907
- Valiotis v. Utah-Apex Mining Co.Utah Supreme Court · 1919
- McQueeny v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
- Wood v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Oregon Short Line Railroad v. RussellUtah Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.