Legal Opinion

Allen v. Logan City

Utah Supreme Court

Decided June 28, 1894No. 482PublishedCited by 4 opinions

Appeal from the District Court of the Fourth Judicial District, Hon. James A. Miner, Judge. Action by Edward 0. Allen against Logan City for •damages for personal injuries.

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Appeal from the District Court of the Fourth Judicial District, Hon. James A. Miner, Judge. Action by Edward 0. Allen against Logan City for •damages for personal injuries. From a judgment for plaintiff, defendant appeals. [ It may be noticed that the facts gleaned from the record by the court as expressed in its opinion and by Bartch, J., dissenting, are somewhat different. — Rep.J The injury which occurred was the mere result of an accident, and cannot in the light of this record be attributed to any act done, known or omitted, showing carelessness on the part of the appellant. Naylor v. G.…

1Opinion of the Court

Merritt, C. J.:

This is an action wherein respondent sued in the court below, to recover damages for an injury which he sustained while working at undermining a gravel bank, which fell upon him, and caused the injury complained of. The jury rendered a verdict in favor of respondent for $2,200. A motion for a new trial was made and denied in the court below. From the judgment and order denying a new trial this appeal is taken.

The facts, as disclosed by the record, show that on the 28th day of December, 1891, — the date of the injury, — appellant, Logan City, a municipal corporation, was engaged…

2Cases cited7 opinions

  1. Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
  2. Griffin v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1890
  3. District of Columbia v. McElligottSupreme Court of the United States · 1886
  4. What Cheer Coal Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1893
  5. Walsh v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Welch v. Carlucci Stone Co.Supreme Court of Pennsylvania · 1906
  2. Christienson v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
  3. Leedom v. Earls Furniture & Carpet Co.Utah Supreme Court · 1895
  4. Fredericks v. Fort Dodge Brick & Tile Co.Supreme Court of Iowa · 1911

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