Legal Opinion

Benson v. Denver & Rio Grande Western Railroad Co.

Utah Supreme Court

Decided August 12, 1955No. 8321PublishedCited by 8 opinions

1Opinion of the Court

WORTHEN, Justice.

This action was brought to recover for injuries sustained by plaintiff in a train-automobile collision which occurred in November 1948. The case was tried to a jury and a verdict returned in the sum of $19,000 — $17,000 general damages and $2,-000 special damages. Defendants moved for a new trial and it was denied upon condition that plaintiff remit the $2,000 special damages, which plaintiff did. Defendants appeal from the judgment and the order denying a new trial.

Defendants insist that the undisputed evidence compels the conclusion that plaintiff was negligent as a matter…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Mann v. Belt Railroad & Stock Yard Co.Indiana Supreme Court · 1891
  2. Toomer's Estate v. Union Pac. R. Co.Utah Supreme Court · 1951
  3. Dalley v. Mid-Western Dairy Products Co.Utah Supreme Court · 1932
  4. Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
  5. Alvarado v. TuckerUtah Supreme Court · 1954

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Abdulkadir v. Western Pacific Railroad CompanyUtah Supreme Court · 1957
  2. Federated Milk Producer's Ass'n v. Statewide Plumbing & Heating Co.Utah Supreme Court · 1961
  3. Steele v. Denver & Rio Grande Western Railroad CompanyUtah Supreme Court · 1964
  4. Lundquist v. Kennecott Copper Co.Utah Supreme Court · 1973
  5. L.E. Broadhurst v. Chester L. Whitelock and Vitro Minerals Corporation, a CorporationCourt of Appeals for the Tenth Circuit · 1962

3 more not listed; retrieve them via the Exa API.

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