Slater v. Union Pacific Railway Co.
Utah Supreme Court
Appeal from an order granting a new trial of the district court of the third district. The opinion states the facts, except the following section of the statute: § 3402, 2 Comp. Laws, 1888. If the motion is to be made on a statement of the case, the moving party must, within ten days after the service of the notice (of motion for new trial) prepare a draft of the statement and serve the same on the adverse party.
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Appeal from an order granting a new trial of the district court of the third district. The opinion states the facts, except the following section of the statute: § 3402, 2 Comp. Laws, 1888. If the motion is to be made on a statement of the case, the moving party must, within ten days after the service of the notice (of motion for new trial) prepare a draft of the statement and serve the same on the adverse party. The opposite party has the like time to propose and serve amendments upon the moving party. Then the proposed statement and proposed amendments must be submitted to the trial judge,…
1Opinion of the Court
BlaoKbueN, J.:
The respondent sued the appellant for damages caused by its servants in' running its engines and cars. At the trial, when the plaintiff had rested, the defendant moved for a nonsuit, which was granted. Afterwards respondent made motion for a new trial, which was granted, and from the order granting a new trial defendant appeals. The evidence given is not in the record, nor was it in the statement on motion for a new trial. The respondent contends that this appeal should be dismissed, because no motion was made for a new trial, but only a motion to set aside the nonsuit, and the…
2Cases cited4 opinions
- Adams v. DohrmannCalifornia Supreme Court · 1883
- Sawyer v. SargentCalifornia Supreme Court · 1884
- Schreiber v. WhitneyCalifornia Supreme Court · 1882
- Budd v. DraisCalifornia Supreme Court · 1875
3Cited by2 opinions
- Mader v. TaylorUtah Supreme Court · 1897
- Sterling v. ParsonsUtah Supreme Court · 1893