Kennedy v. Oregon Short Line Railway Co.
Utah Supreme Court
Appeal from the District Court of Weber County, Hon. H. H. Rolapp, Judge. Action by plaintiffs as widow, and children and heirs at law, by their guardian, against the Short Line Railway Co. for damages for the death of one Patrick Kennedy, husband and father. From a judgment for plaintiffs defendant appeals. In this case the damages given by the jury are excessive and appear to have been given under the influence of passion or prejudice.
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Appeal from the District Court of Weber County, Hon. H. H. Rolapp, Judge. Action by plaintiffs as widow, and children and heirs at law, by their guardian, against the Short Line Railway Co. for damages for the death of one Patrick Kennedy, husband and father. From a judgment for plaintiffs defendant appeals. In this case the damages given by the jury are excessive and appear to have been given under the influence of passion or prejudice. Verdicts in Utah as well as in many other portions of the country are notoriously much larger upon the average, in suits of this nature brought against…
1Opinion of the CourtMiner, J.
This action was brought by the widow and children of Patrick Kennedy, deceased, against the defendant, for negligently causing the death of the said Patrick Kennedy while he was a passenger on the defendant’s road. The cause was tried and a verdict rendered in favor of the plaintiff on January 27th, 1898, for the sum of $9,685. A motion for a new trial was made upon the minutes of the court based upon statutory grounds, and a claim of excessive damages. Thereupon the court ¿eld that the damages as found by the jury were excessive, and that a new trial should be granted unless the plaintiffs…
2Cases cited24 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Kennon v. GilmerSupreme Court of the United States · 1889
- The People v. . CookNew York Court of Appeals · 1853
- Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
- People v. AllenNew York Supreme Court · 1831
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Pauly v. McCarthyUtah Supreme Court · 1947
- Wheat v. Denver & R. G. W. R. Co.Utah Supreme Court · 1952
- Williams v. Oregon Short Line RailroadUtah Supreme Court · 1898
- State v. BollnWyoming Supreme Court · 1902
11 more not listed; retrieve them via the Exa API.