Legal Opinion

Ryan v. Union Pac. R.

Utah Supreme Court

Decided July 30, 1915No. 2713PublishedCited by 27 opinions

Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by T. D. Ryan, as administrator of the estate of Kan-tara Yoshitake, deceased, against the Union Pacific Railroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS.

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Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by T. D. Ryan, as administrator of the estate of Kan-tara Yoshitake, deceased, against the Union Pacific Railroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. The deceased was under the duty of attentively looking and listening before he went upon the tracks in question, to discover whether or not a train was approaching from either direction, and if by so doing he could have discovered that one w>as approaching, as in fact it was, his conduct demonstrates either that he did not look at…

1Opinion of the Court

STRAUP, C. Í.

This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused through the negligence of the defendant. The plaintiff had judgment, from which the defendant appeals.

One of the assignments presents the ruling refusing the defendant’s motion for a direction of the verdict. The deceased was in the employ of a cement company at Devil’s Slide. - There he was run over by a train of cars operated by the defendant and killed. The charged negligence is failure to give warnings of the train’s approach'and to observe a lookout. The motion was…

2Cited by27 opinions

  1. State v. GreenUtah Supreme Court · 1931
  2. Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
  3. In Re Swan's EstateUtah Supreme Court · 1956
  4. Packard v. O'NeilIdaho Supreme Court · 1927
  5. Chamberlain Etl Al. v. LarsenUtah Supreme Court · 1934

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