Tremelling v. Southern Pacific Co.
Utah Supreme Court
Appeal from District Court of Salt Lake County, 'Third District; Hon. T. D. Lewis, Judge. Action by Mrs. Hattie Tremelling, administratrix, against the Southern Pacific Company. Judgment for plaintiff. Defendant appeals.
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Appeal from District Court of Salt Lake County, 'Third District; Hon. T. D. Lewis, Judge. Action by Mrs. Hattie Tremelling, administratrix, against the Southern Pacific Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS Since this action was brought under tbe Federal Employer’s Liability Act, it should be borne in mind that the rights and obligations of the parties hereto depend upon such act and applicable principles of the common law as interpreted and applied in Federal courts. (Southern R. Co. v. Gray, 336 Sup. Ct. Rep. 561; Seaboard Air Line R. Co. v. Horton, 233 U.…
1Opinion of the CourtFrick, C. J.
The plaintiff sued, on behalf of herself and infant child, to recover damages caused by the death of her husband. The action is predicated upon the federal Employers’ Liability Act of April 22, 1908.
The allegations of negligence, in substance are that the defendant constructed and maintained a side track at a station near Tecoma on its line of railroad in the state of Nevada; that defendant’s negligence consisted in constructing and maintaining said side track so near to the main line of its railroad, and in placing a large freight car thereon, that the deceased, who was employed as a…
2Cases cited16 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Puckhaber v. Southern Pacific Co.California Supreme Court · 1901
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Stratton v. C. H. Nichols Lumber Co.Washington Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- GeoMetWatch v. BehuninCourt of Appeals for the Tenth Circuit · 2022
- Mahmood v. RossUtah Supreme Court · 1999
- Devine v. CookUtah Supreme Court · 1955
- Ross v. San Francisco-Oakland Terminal Railways Co.California Court of Appeal · 1920
- In Re Richard's EstateUtah Supreme Court · 1956
17 more not listed; retrieve them via the Exa API.