Leach v. Oregon Short Line R. Co.
Utah Supreme Court
Appeal from District Court, Fifth District; T. Marion-eanx, Judge. Action by Grace L. Leach individually, and as guardian ad litem of Lola Leach, a minor, against the Oregon Short Line Hailroad Company. From a judgment for plaintiffs, defendant appeals^ APPELLANT'S POINTS.
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Appeal from District Court, Fifth District; T. Marion-eanx, Judge. Action by Grace L. Leach individually, and as guardian ad litem of Lola Leach, a minor, against the Oregon Short Line Hailroad Company. From a judgment for plaintiffs, defendant appeals^ APPELLANT'S POINTS. It is not every declaration made at or immediately after an occurrence or transaction that constitutes it res gestae, but such statements in a proper case can only become res gestae where the conduct or action to which it is sought to attach legal significance, in which there is intrinsically none, until its whole tenor is…
1Opinion of the CourtMcCARTY, J.
Plaintiff read to the jury the deposition of one William J. Harris, who, at the time of the accident, was a brakeman on this same train with Leach. The following portions of the deposition were admitted, over defendant’s objection: “Mr. Leach and I were sitting in the same seat in the smoking car. *295He [referring to Hawkins, tbe conductor] said, ‘Leach, I want you to go out overhead and see how those ties are before we pass over the bridge.’ Leach said, ‘All right, sir,’ and went out, passed through the baggage car, opened the baggage car door, and by that time we must have been to the bridge.…
2Cases cited14 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Davidson v. . CornellNew York Court of Appeals · 1892
- Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Supreme Court · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Callahan v. Chicago, Burlington & Quincy R.Montana Supreme Court · 1913
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Fort Wayne & Wabash Valley Traction Co. v. RoudebushIndiana Supreme Court · 1909
- Jackson v. Utah Rapid Transit Co.Utah Supreme Court · 1930
- Cook v. United States Smelting Co.Utah Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.