Boyle v. Union Pacific Railroad
Utah Supreme Court
Appeal from the Third District Court, Summit County. — ■ Hon. 8. W. Stewart, Judge. Action to recover damages for personal injuries alleged to have been occasioned through the negligence of the defendant company. Erom a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OK FACTS. On the 26th day of May, 1900, plaintiff was, and for thirteen years prior thereto had been, employed by defendant corporation as a freight conductor.
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Appeal from the Third District Court, Summit County. — ■ Hon. 8. W. Stewart, Judge. Action to recover damages for personal injuries alleged to have been occasioned through the negligence of the defendant company. Erom a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OK FACTS. On the 26th day of May, 1900, plaintiff was, and for thirteen years prior thereto had been, employed by defendant corporation as a freight conductor. On the day in question (May 26, 1900) he was in charge of a freight train consisting of forty-four cars and a caboose. The train was en route from…
1Opinion of the CourtMcCARTY, J.
It will be observed that appellant not only asked permission to amend the bill of exceptions by incorporating therein matters which appear in the reporter’s transcript of the proceedings, and omitted from the bill of exceptions, but to substitute copies of papers that were lost before the bill of exceptions was prepared, and make such copies a part of the record on appeal. A judge before whom a case has been tried may, on a proper showing, allow copies of lost papers fi> be 'substituted and incorporated into the bill of exceptions, as the record shows was done in this case, together with…
Also in this document: Concurrence.
2Cases cited10 opinions
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- McIntyre v. Ajax Mining Co.Utah Supreme Court · 1899
- Palmer & Rey v. Marysville Democrat Publishing Co.California Supreme Court · 1891
- Fluhrer v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1899
- Konold v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Shepard v. PayneUtah Supreme Court · 1922
- Advance-Rumely Thresher Co., Inc. v. StohlUtah Supreme Court · 1929
- Merrill v. Oregon Short Line R. Co.Utah Supreme Court · 1905
- Johnson v. Union Pacific Coal Co.Utah Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.