Farney v. Oregon Short Line R.
Utah Supreme Court
Appeal from District Court, Salt Lake County; M. L. Eitchie, Judge. Action by Herbert J. Earney against tbe Oregon Short Line Eailroad Company. From a iudgment for plaintiff, defendant appeals. RESPONDENT’S POINTS. Grounds of motion for judgment of nonsuit must be specifically stated.
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Appeal from District Court, Salt Lake County; M. L. Eitchie, Judge. Action by Herbert J. Earney against tbe Oregon Short Line Eailroad Company. From a iudgment for plaintiff, defendant appeals. RESPONDENT’S POINTS. Grounds of motion for judgment of nonsuit must be specifically stated. (White v. Railroad, 22 Utah 138; Lewis v. Mining Co., 22 Utah 51; Frank v. Mining Go., 19 Utah 35 ; McIntyre v. Mining Go., 20 Utah 323; Skeien v. Railroad, 22 Utah 413; Wild v. Railroad, 23 Utah 265.) “That there is no evidence to show negligence towards deceased for which an action will lie against defendant…
1Opinion of the Court
CHIDE STEN,
District Judge, after stating the facts, delivered the opinion of the court.
The first assignment of error discussed by counsel for appellant is the one based on the alleged insufficiency of the evidence to justify the verdict; that is, if we correctly understand appellant’s position, the evidep.ee fails to show negligence on the part of defendant in failing to furnish plaintiff with a reasonably safe appliance with which to perform the work required of him by his employment. We do not deem it necessary to make an extended reference to the evidence introduced, respecting the…
2Cases cited3 opinions
- F. C. Austin Mfg. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1898
- Woods v. LindvallCourt of Appeals for the Eighth Circuit · 1891
- National Refining Co. v. WillisCourt of Appeals for the Sixth Circuit · 1905