Wells v. Utah Construction Co.
Utah Supreme Court
Appeal from the Third District Court, Tooele County. —Hon. C. W. Morse, Judge. Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed.
1Opinion of the CourtBaskin, C. J.
This is an action to recover for personal injuries of the plaintiff, alleged in the complaint to have been caused by the negligence of the'defendant. A verdict and judgment were rendered in favor of plaintiff, and the defendant’s appeal is from the judgment.
There are 37 errors assigned by the defendant, among which is that the court erred in refusing to give the following instruction requested by the defendant: “You are further charged that the mere fact, that the accident has happened is not sufficient proof to charge the defendant ivith negligence. The burden of proving negligence rests on…
2Cases cited2 opinions
- Brymer v. Southern Pacific Co.California Supreme Court · 1891
- Major v. Oregon Short Line RailroadUtah Supreme Court · 1899
3Cited by2 opinions
- Hickey v. Rio Grande Western Ry. Co.Utah Supreme Court · 1905
- Hickey v. Rio Grande Western Ry. Co.Utah Supreme Court · 1905