Legal Opinion

Hicks v. Southern Pacific Co.

Utah Supreme Court

Decided April 23, 1904No. 1505PublishedCited by 2 opinions

Appeal from the Second District Court, Weber County. —Hon. H. II. Bolapp, Judge. Action to recover damages for personal injuries alleged to bave been caused by tbe negligence of tbe defendant. From a judgment of nonsuit, tbe plaintiff appealed.

1Opinion of the CourtBaskin, C. J.

*5281 *527This is an action to recover for an injury alleged to bave been inflicted upon tbe plaintiff by tbe negligence of tbe defendant, in whose service *528the plaintiff was at the time the injury was received. It appears, in substancé, from the evidence of.the plaintiff, to which no objections appear to have been made by the defendant, and which was pertinent to the issues in the case, that on the day of the injury the plaintiff and his fellow workmen, while engaged under the direction and control of the defendant’s section foreman, were ordered by said foreman to place on a hand car standing upon…

2Cases cited5 opinions

  1. Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
  2. Pool v. Southern Pacific Co.Utah Supreme Court · 1899
  3. Coyne v. Union Pacific Railway Co.Supreme Court of the United States · 1890
  4. Mathews v. Daly-West Mining Co.Utah Supreme Court · 1904
  5. Northern Pac. R. v. BehlingCourt of Appeals for the Eighth Circuit · 1893

3Cited by2 opinions

  1. Weck v. Reno Traction Co.Nevada Supreme Court · 1915
  2. Cheney v. BuckUtah Supreme Court · 1920

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