Fares v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Hon. S. W. Stewart, Judge. Action to recover damages for personal injuries alleged to have been caused by tbe negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OF FACTS. This is an action to recover damages for physical injuries which the plaintiff claims he received because of the negligence of the defendant.
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Appeal from the Third District Court, Salt Lake County. — Hon. S. W. Stewart, Judge. Action to recover damages for personal injuries alleged to have been caused by tbe negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OF FACTS. This is an action to recover damages for physical injuries which the plaintiff claims he received because of the negligence of the defendant. The essential allegations of the complaint are, substantially, that the defendant is operating a railroad between Salt Lake City and Park City, through Parley’s Canyon,…
1Opinion of the CourtBartch, J.
(after stating the facts). — When the plaintiff rested his case, the defendant interposed a motion for a nonsuit, upon the ground, among others, that the railroad company was not shown to have been guilty of any negligence whatever in operating its engine on the occasion in question. The motion was ■overruled. Then, when both sides rested, the defense requested the court to instruct the jury to return a verdict in favor of the defendant, which request was refused, and thereafter a motion for a new trial denied.
The appellant under proper exceptions, complains, in the first instance, of these…
2Cases cited23 opinions
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
- Lamb v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1885
- Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
- Chicago & Erie Railway Co. v. CummingsIndiana Court of Appeals · 1899
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3Cited by6 opinions
- Everett v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Great Western Coal & Coke Co. v. CunninghamSupreme Court of Oklahoma · 1914
- Talliaferro v. Atchison, T. & S. F. R. Co.Supreme Court of Oklahoma · 1916
- Chicago, R.I. P. R. Co. v. HineSupreme Court of Oklahoma · 1916
- Donahue v. Warner Bros. Pictures, Inc.Court of Appeals for the Tenth Circuit · 1952
1 more not listed; retrieve them via the Exa API.