Grandin v. Southern Pac. Co.
Utah Supreme Court
Appeal from District Court, Second District; J. A. Howell, Judge. Action bj Carl J. Grandin against the Southern Pacific Company. Prom a judgment for plaintiff, defendant appeals. If no demand for a jury be made in writing or orally, or if a party, who has made demand properly, fail to appear at the trial, in either event, there will be a waiver of the jury.
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Appeal from District Court, Second District; J. A. Howell, Judge. Action bj Carl J. Grandin against the Southern Pacific Company. Prom a judgment for plaintiff, defendant appeals. If no demand for a jury be made in writing or orally, or if a party, who has made demand properly, fail to appear at the trial, in either event, there will be a waiver of the jury. These provisions of the statute are not in violation of the Constitution, but are the proper exercise of legislative power, and are, therefore, valid.” (Farmell v. Murray, 104 Cal. 464; Oonneau v. Geis, 73 Cal. 176; Hillman v. McWilliams,…
1Opinion of the CourtBartch, C. J.
(after stating the facts).
The decisive question presented is whether the plaintiff has shown any right of recovery. The appellant contends that, having aided in the construction of the temporary contrivance to unload the battery houses, the injured had actual knowledge of the means employed in the service, and, as the dangers connected therewith were open and obvious^ and as he *367voluntarily, without objection to the means employed, undertook to perform the service, he assumed the consequent risk of injury; that the defendant’s motion for nonsuit, based upon a failure of plaintiff’s proof to…
2Cases cited5 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Christienson v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
- Dunn v. Oregon Short Line RailroadUtah Supreme Court · 1905
- Roth v. EcclesUtah Supreme Court · 1905
- Higgins v. Southern Pacific Co.Utah Supreme Court · 1903
3Cited by3 opinions
- Petersen v. Utah Labor Comm'nUtah Supreme Court · 2017
- Russell v. Borden's Condensed Milk Co.Utah Supreme Court · 1918
- Petersen v. Utah Labor Comm'nUtah Supreme Court · 2017