Larkin v. Saltair Beach Co.
Utah Supreme Court
Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Anna M. Larkin against the Saltair Beach Company. From a judgment for plaintiff, defendant appeals. APPELLANT'S POINTS. The act of Wells, who stood in loco parentis was the sole and proximate canse of the injury.
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Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Anna M. Larkin against the Saltair Beach Company. From a judgment for plaintiff, defendant appeals. APPELLANT'S POINTS. The act of Wells, who stood in loco parentis was the sole and proximate canse of the injury. A parent is responsible for the contribntory faults of his agent, and, in an action for injuries causing the death of a child, the contributory negligence of the deceased,- or that of the parent’s agent, to whom he had intrusted the child, is a bar to the action. (1 Shearman & Bedfield on Negligence, sees.…
1Opinion of the CourtMeCARTY, J.
Respondent has filed in this court a motion to strike from the files in the case the bill of exceptions. It is claimed that no proper bill of exceptions was ever settled, for the reason that the bill of exceptions was signed and settled on the 2d day of March, 1905, by Hon. Samuel W. Stewart, judge of the district court, before whom said cause was tried, and that on said 2d day of March, 1905, he was no longer judge of said district court, his term of office having expired before that date, and that therefore he was without authority to settle and sign the bill. Section 3290, Revised Statutes…
2Cases cited12 opinions
- Thompson v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Richmond & Manchester Railway Co. v. Moore's Adm'rSupreme Court of Virginia · 1897
- Hart v. Washington Park ClubIllinois Supreme Court · 1895
- Conradt v. ClauveIndiana Supreme Court · 1884
- Brezee v. PowersMichigan Supreme Court · 1890
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3Cited by32 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Blakeley v. White Star LineMichigan Supreme Court · 1908
- Turlington v. Tampa Electric Co.Supreme Court of Florida · 1911
- Perkins v. ByrnesSupreme Court of Missouri · 1954
- Brown v. Columbia Amusement Co.Montana Supreme Court · 1931
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