Mickelson v. New East Tintic Railway Co.
Utah Supreme Court
Appeal from the Eifth District Court Juab County.- — Hon. B. V. Higgins, Judge. Action for damages for personal injuries alleged to have been caused by the negligence of defendant company. Erom a judgment for plaintiff defendant appealed. It is not permissible, when undertaking to prove negligence on the part of defendant, to show that he has been negligent at any other times or in other places and in other ways than the one immediately in controversy.
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Appeal from the Eifth District Court Juab County.- — Hon. B. V. Higgins, Judge. Action for damages for personal injuries alleged to have been caused by the negligence of defendant company. Erom a judgment for plaintiff defendant appealed. It is not permissible, when undertaking to prove negligence on the part of defendant, to show that he has been negligent at any other times or in other places and in other ways than the one immediately in controversy. Snowden v. P. V. Coal Co., 16 Utah 336. All immaterial testimony is presumed, to be prejudicial to that party against whom it is admitted.…
1Opinion of the CourtBabtoh, C. J.
The plaintiff brought this suit to recover damages for personal injuries which he claims he received, through the negligence of the defendant, while in its employ as a brakeman, in attempting to couple cars on its railway tracks. At the trial the jury returned a verdict in his favor for the sum of $5,000, and, from the judgment entered in accordance therewith, the defendant appealed, and has assigned various errors claimed to have been committed during the trial of the cause. Erom the record, among other things, -it appears that the injury complained* of was received on July 12, 1898, at…
2Cases cited6 opinions
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
- De Land v. Dixon National BankIllinois Supreme Court · 1884
- Harrison v. Denver & Rio Grande Western Railway Co.Utah Supreme Court · 1891
- Reubin v. CohenCalifornia Supreme Court · 1874
- Snowden v. Pleasant Valley Coal Co.Utah Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ada-Konawa Bridge Co. v. CargoSupreme Court of Oklahoma · 1932
- Hogan v. State Industrial CommissionSupreme Court of Oklahoma · 1922
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
- Jones v. Mutual Creamery Co.Utah Supreme Court · 1932
- Dahlquist v. Denver & R. G. R. Co.Utah Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.