Christensen v. Oregon Short Line R. Co.
Utah Supreme Court
Appeal from District Court, First District; Charles H. Hart, Judge. Action by Lars Peter Christensen against Oregon Short Line Pailroad Company. From a judgment in favor of plaintiff, defendant appeals. appellant’s points.
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Appeal from District Court, First District; Charles H. Hart, Judge. Action by Lars Peter Christensen against Oregon Short Line Pailroad Company. From a judgment in favor of plaintiff, defendant appeals. appellant’s points. Among the errors in the admissibility of testimony assigned in the record are those to the rulings of the court in allowing the plaintiff to introduce proof that other persons besides himself were in the habit of having their cattle driven to and from the pastures across this railroad crossing by children of about the same age as plaintiff’s son. Several questions of this…
1Opinion of the CourtMcCARTY, J.
Defendant requested the court to peremptorily instruct the jury to return a verdict in its favor — no cause of action— which the court refused to do. We think the court was right in refusing this instruction. Nor do we think the court erred in overruling defendant’s motion for a non-suit.
*201The undisputed evidence in tbe case shows that tbe highway and crossing in question are, and for many years have been, used 4>y the people (men, women, and children) who live in that vicinity for the purpose of going to and returning from their farms, and also to drive their cows to and from' the pastures.…
2Cases cited14 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Wasmer v. . Del., Lacka. and West'n R.R. Co.New York Court of Appeals · 1880
- Chicago & Iowa Railroad v. LaneIllinois Supreme Court · 1889
- McGrath v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
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3Cited by5 opinions
- Woodward v. Spring Canyon Coal Co.Utah Supreme Court · 1936
- Hickey v. Rio Grande Western Ry. Co.Utah Supreme Court · 1905
- Smith v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1909
- Cummings v. HinesUtah Supreme Court · 1921
- Thomas v. Oregon Short Line RailroadUtah Supreme Court · 1916