Croco v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the District Court, Weber County, Hon. H. H. Eolapp, Judge. Action by plaintiff against defendant to recover damages for personal injuries. From a judgment for plaintiff, defendant appeals. Under an allegation of “other wrongs ” the plaintiff was not entitled to introduce evidence of injuries other than those sufficiently described in the complaint, to enable the defendant to know the particular matters he was required to meet.
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Appeal from the District Court, Weber County, Hon. H. H. Eolapp, Judge. Action by plaintiff against defendant to recover damages for personal injuries. From a judgment for plaintiff, defendant appeals. Under an allegation of “other wrongs ” the plaintiff was not entitled to introduce evidence of injuries other than those sufficiently described in the complaint, to enable the defendant to know the particular matters he was required to meet. That is the very reason of the rule requiring the proof to correspond with the allegations. Batterson v. Chicago & Grand Trunk By. Co., 8 A. & E. Railroad…
1Opinion of the CourtMiner, J.
This action was brought against the railroad company to recover damages for an injury to plaintiff’s person re*316ceived. on April 3, 1897, at Malad bridge, in Idaho, at which time the train on which plaintiff was a passenger was derailed. The plaintiff alleges that the accident was occasioned because defendant negligently maintained an inadequate switch, side track, and road bed, and negligently and carelessly ran its train at a great and dangerous rate of speed, by reason of which the train was thrown from the track, and plaintiff became greatly and permanently injured. Upon a trial the jury…
2Cases cited30 opinions
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- American Publishing Co. v. FisherSupreme Court of the United States · 1897
- Burnes v. ScottSupreme Court of the United States · 1886
- Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
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3Cited by29 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- In re EvansUtah Supreme Court · 1913
- Pauly v. McCarthyUtah Supreme Court · 1947
- In re Disbarment of Evans & Rogers ex rel. NelsonUtah Supreme Court · 1900
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.