Bunnell v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the district court of the First judicial district, Territory of Utah. Hon. W. H. King, Judge. Action by Samuel E. Bunnell against the Rio Grande Western Railway Company for damages sustained through the hilling of a cow by defendant’s train. The facts are set forth in the opinion. From a judgment in favor of plaintiff, defendant appeals.
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Appeal from the district court of the First judicial district, Territory of Utah. Hon. W. H. King, Judge. Action by Samuel E. Bunnell against the Rio Grande Western Railway Company for damages sustained through the hilling of a cow by defendant’s train. The facts are set forth in the opinion. From a judgment in favor of plaintiff, defendant appeals. An engineer is not called upon to stop because cattle are near the track or a bridge and may step onto it, or if stopping is more dangerous than proceeding, he may even increase his speed. 13 Eng. and Am. Ry. Cases, 519; 19 Eng. and Am. Ry. Casesj…
1Opinion of the Court
Bartch, J.:
The plaintiff brought this action to recover damages for the killing of a cow by the defendant on its railroad, and obtained judgment therefor. The appeal is both from the judgment and from an order denying a motion, for a new trial. The killing of the cow is not disputed,, and the material facts shown by the testimony of the plaintiff are, substantially, that the plaintiff resides on a farm; his house being about a quarter of a mile north *318of the Provo river, and 300 yards west oí tthe defendant’s railroad track, and 40 yards south of a public road running east and west, and…
2Cases cited9 opinions
- Gay v. WinterCalifornia Supreme Court · 1867
- Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
- Hoth v. PetersWisconsin Supreme Court · 1882
- Darling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Smith v. Ogden & N. W. R.Utah Supreme Court · 1907
- Chicago, Burlington & Quincy Railway v. CookWyoming Supreme Court · 1909
- Fowler v. Pleasant Valley Coal Co.Utah Supreme Court · 1898
- Brown v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.