White v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. O. W. Morse, Judge. Action to recover damages for tbe death of the plaintiffs’ son alleged to have been caused by the negligence of the defendant. From a judgment dismissing the action for want of jurisdiction, the plaintiff appealed. STATEMENT OE EAOTS.
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Appeal from the Third District Court, Salt Lake County.— Hon. O. W. Morse, Judge. Action to recover damages for tbe death of the plaintiffs’ son alleged to have been caused by the negligence of the defendant. From a judgment dismissing the action for want of jurisdiction, the plaintiff appealed. STATEMENT OE EAOTS. This is an action in which the plaintiffs sought to recover, under the provisions of chapter 6, Code Civil Procedure, damages arising from the death of their son, Thomas F. White, alleged to have been caused by the negligence of the defendant. It is stated in the second amended…
1ConcurrenceHart, District Judge
(concurring in judgment). — I agree fully with the view that the word “business” in the clause of our Constitution in question should be construed as though the words “causes of action” were substituted therefor. In support of the rule that the constituent elements of a cause of action consist of a wrongful act of omission or commission resulting in implied or actual damages, it may not be out of place to suggest that the same is in harmony with the rule stated by Bliss in his Code Pleading at section 113, that “the cause of action is the wrong;” and is likewise in accordance with the…
2Cases cited16 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- De La Vega v. LeagueTexas Supreme Court · 1885
- Rogers v. CadyCalifornia Supreme Court · 1894
- Van Doren v. Pennsylvania R.Court of Appeals for the Third Circuit · 1899
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
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