Smith v. Centennial Eureka Mining Co.
Utah Supreme Court
Appeal from the Fifth District Court, Juab County.— Hon. Thomas Marioneaux, Judge. Action to recover damages for death alleged to have been caused by the negligence of the defendants. From a judgment in favor of the plaintiffs against the railway company, it appealed. STATEMENT OE EAOTS. This action was brought by the heirs of John P. Smith to recover damages for his death, which, they claim, was caused through the negligence of the defendants.
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Appeal from the Fifth District Court, Juab County.— Hon. Thomas Marioneaux, Judge. Action to recover damages for death alleged to have been caused by the negligence of the defendants. From a judgment in favor of the plaintiffs against the railway company, it appealed. STATEMENT OE EAOTS. This action was brought by the heirs of John P. Smith to recover damages for his death, which, they claim, was caused through the negligence of the defendants. The allegations of the complaint, so far as material to this decision, are, substantially, that on May 4, 1901, and for six or more months previous to…
1Opinion of the CourtBartch, J.
At the conclusion of the evidence in this case the defendant railway company requested the court to instruct the jury to return a verdict in its favor. The refusal of this request, among other things, has been assigned as error.
The appellant railway company contends that the jury ought to have been so instructed, for the reason, as is insisted, that the uncontradicted evidence shows the deceased was guilty of contributory negligence which was the proximate cause of his injury and death. It is argued that the deceased was negligent in failing to observe and in deliberately violating the rules…
2Cases cited15 opinions
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Darracott v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1887
- Illinois Central Railroad v. JewellIllinois Supreme Court · 1867
- New York, Chicago & St. Louis Railroad v. PerrigueyIndiana Supreme Court · 1893
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3Cited by1 opinion
- City Ice Delivery Co. v. GoodeSupreme Court of Alabama · 1934