Roth v. Eccles
Utah Supreme Court
Appeal from the First District Court, Cache County.— Hon. Charles H. Hart, Judge. Action to recover damages for personal injuries alleged to have been received through the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. Appellant is sued in this action for negligence and can only be held liable where there is some evidence tending to show his negligence.
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Appeal from the First District Court, Cache County.— Hon. Charles H. Hart, Judge. Action to recover damages for personal injuries alleged to have been received through the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. Appellant is sued in this action for negligence and can only be held liable where there is some evidence tending to show his negligence. Negligence is a relative term and is well defined by the Supreme Court of the United States, as follows r “Negligence is the failure to do what a reasonable and prudent person would ordinarily…
1Opinion of the CourtBartch, C. J.
This action was brought to re-cover damages for personal injuries alleged to have been received through the negligence of the defendant. From the evidence it appears substantially that on October 30,1901, the day on which the accident which resulted in the injury complained of occurred, the defendant was erecting a large brick building at Logan, Utah, to be used for a sugar factory; that on that day, and for about two months prior thereto, the plaintiff was in his employ, and was working at the building in the capacity of “mason’s helper;” that when the accident happened the north wall of the…
2Cases cited3 opinions
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Christienson v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
3Cited by6 opinions
- Lewinn v. MurphyWashington Supreme Court · 1911
- Grandin v. Southern Pac. Co.Utah Supreme Court · 1906
- Whalen v. Union Pacific Coal Co.Utah Supreme Court · 1917
- Moose v. Galigher Machinery Co.Utah Supreme Court · 1918
- Swift & Co. v. SchusterCourt of Appeals for the Tenth Circuit · 1952
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