Stimpson v. Union Pacific Railway Co.
Utah Supreme Court
Appeal from a judgment of the district court of the first district and from an order refusing a new trial, Hon. James A. Miner, judge. The opinion states the facts except that .this is the same case as reported in 8 Utah, 349; a rehearing was granted and this subjoined opinion delivered upon the rehearing.
1Opinion of the Court
BaktCH, J.:
This action was brought by the respondent to recover the value of a horse which was killed by the appellant’s train on its.railway track. The jury returned a verdict in favor of the. respondent for the sum of $132.50. The appeal to this court is taken from an order denying a motion for a new trial.
The contention of the appellant herein" is that the evidence is insufficient to justify the verdict, and that *125there was no evidence to show that, at the place where the horse was killed, the land was owned and settled or occupied by private owners. The law of this Territory which applies…
2Cited by1 opinion
- Herndon v. Southern Railway Co.Supreme Court of North Carolina · 1913