Johnson v. Union Pacific Railroad
Utah Supreme Court
Appeal from the Third.' District Court, Salt Lake County. — 'Ron. T. D. Lewis, Judge. Action to recover damages for personal injuries received by plaintiff while a passenger on defendant’s train. From a judgment for plaintiff, the defendant appealed. APPELLANT’S AUTHORITIES. The court erred in permitting evidence of non-experts as to the plaintiff’s condition.
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Appeal from the Third.' District Court, Salt Lake County. — 'Ron. T. D. Lewis, Judge. Action to recover damages for personal injuries received by plaintiff while a passenger on defendant’s train. From a judgment for plaintiff, the defendant appealed. APPELLANT’S AUTHORITIES. The court erred in permitting evidence of non-experts as to the plaintiff’s condition. (Myers v. Mining Go., 28 Utah 96; Black- v. Telephone Go., 26 Utah 451; Jensen v. Mc-Oormick, 26 Utah 142; Nichols v. Railroad, 25 Utah 240; Stoll v. Mining Go., 19 Utah 271; Wooley v. Maynes-Welts Company, 18 Utah 232; Reese v. Mining…
1Opinion of the CourtMcCARTY, J.
(after stating tbe facts as above).
The first assignment of error discussed by counsel for api-pellant relates to tbe admission in evidence, over their objection, of certain photographs of tbe derailed ears and of tbe railroad tracks and grade at tbe point where tbe wreck occurred. It is a well-settled rule that photographic views, when proved to be correct representations of 1 persons, objects, or localities which are subject-matters of inquiry in an action or proceeding, are admissible in evidence to aid tbe court or jury to apply tbe facts proved to tbe particular case. (Dederichs v. S. L.…
2Cases cited24 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Rudolph v. LandwerlenIndiana Supreme Court · 1883
- Union Pac. R. Co. v. FieldCourt of Appeals for the Eighth Circuit · 1905
- Polly v. McCallSupreme Court of Alabama · 1860
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3Cited by15 opinions
- Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
- People v. GlassCalifornia Supreme Court · 1910
- Hughes v. StateTennessee Supreme Court · 1912
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- Palmer v. StateCourt of Criminal Appeals of Tennessee · 1968
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