Union Pacific Railway Co. v. Daniels
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an action brought by William Daniels against the Union Pacific Railway Company, in the District Court for the Third Judicial District of the Territory of Utah, to recover damages for personal injuries alleged to have been sustained because of defendant’s negligence. During the pendency of the writ of error in this court, Daniels died and his administrator was substituted.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an action brought by William Daniels against the Union Pacific Railway Company, in the District Court for the Third Judicial District of the Territory of Utah, to recover damages for personal injuries alleged to have been sustained because of defendant’s negligence. During the pendency of the writ of error in this court, Daniels died and his administrator was substituted. The complaint alleged that plaintiff was an employé of the defendant company as brakeman on a freight train ; that the company by its negligence and carelessness…
1Opinion of the CourtChief Justice Fuller
1. At the close of the' plaintiff’s evidence, the defendant moved to. dismiss the complaint, which motion was dénied, and defendant excepted. Thereupon the defendant proceeded with its case and adduced evidence on its part. This waived the exception, and the action of the court in overruling the motion to dismiss cannot be assigned for error. Columbia & Puget Sound Railroad v. Hawthorne, 144 U. S. 202; Brown v. Southern Pacific Co., 7 Utah, 288, 291.
2. The’ evidence tended to show that Daniels was a brakeman in the employment of the company, and in the discharge of his duties as such, April…
2Cases cited8 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Fuller v. . JewettNew York Court of Appeals · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Mahnich v. Southern Steamship Co.Supreme Court of the United States · 1944
- Aubrey Pate v. William C. Holman, Warden, Kilby Prison, AlabamaCourt of Appeals for the Fifth Circuit · 1965
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Sigafus v. PorterSupreme Court of the United States · 1900
- Runkle v. BurnhamSupreme Court of the United States · 1894
127 more not listed; retrieve them via the Exa API.