Pennington v. Redman Van & Storage Co.
Utah Supreme Court
Appeal from District Court, Third District; T. D. Lewis, Judge. Action by K. A. Pennington against the Redman Van & Storage Company, and another. Judgment for plaintiff, and defendants appeal. appellant's points. That instructions not applicable to the case although absolutely correct, are apt to mislead the jury and such having such a tendency constitutes reversible error.
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Appeal from District Court, Third District; T. D. Lewis, Judge. Action by K. A. Pennington against the Redman Van & Storage Company, and another. Judgment for plaintiff, and defendants appeal. appellant's points. That instructions not applicable to the case although absolutely correct, are apt to mislead the jury and such having such a tendency constitutes reversible error. (Collins v. City of Jamesville, 107 Wis. 436; Sargent v. Mining Go., 55 Cal. 204; People v. Tapia, 131 Cal. 647; Bank v. Skinner [Cal.], 62 Pac. 705; Penn. Gandí Go. v. Harris, 101 Pa. 93; Skinner v. McAllister, 21 Cent.…
1Opinion of the CourtFeign, J.
This is an action in trover, commenced by the respondent against the appellants, to recover the value of certain household goods which, she alleged in her complaint, the appellants had converted to their own use. The complaint contains the usual allegations in actions of this kind, and the answers, in addition to certain denials, contain matters in mitigation of damages. The evidence at the trial was very voluminous, and hardly admits of being stated in abridged form, so as to make a comprehensive statement of it, without devoting more space to such statement than is practical within the…
2Cases cited5 opinions
- Smith v. Mine & Smelter Supply Co.Utah Supreme Court · 1907
- Rio Grande Western Railway Co. v. LeakSupreme Court of the United States · 1896
- Farnsworth v. Union Pac. Coal Co.Utah Supreme Court · 1907
- Bateman v. RyderTennessee Supreme Court · 1901
- Leak v. Rio Grande Western Railway Co.Utah Supreme Court · 1893
3Cited by5 opinions
- Brown v. Frontier Theatres, Inc.Texas Supreme Court · 1963
- Hansen v. Oregon Short Line R.Utah Supreme Court · 1920
- Haycraft v. AdamsUtah Supreme Court · 1933
- Phillips v. DELAWARE POWER & LIGHT COMPANYSuperior Court of Delaware · 1964
- Fredericks v. Commercial Credit Co.Supreme Court of South Carolina · 1928