Merrill v. Oregon Short Line R. Co.
Utah Supreme Court
Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Ellen Merrill, individually and as guardian ad litem of Virgil Merrill and another, against the Oregon Short Line Railroad Company. Erom a judgment for plaintiffs, defendant appeals. APPELLANT'S POINTS.
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Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Ellen Merrill, individually and as guardian ad litem of Virgil Merrill and another, against the Oregon Short Line Railroad Company. Erom a judgment for plaintiffs, defendant appeals. APPELLANT'S POINTS. The issues involved in this action are to be determined in accordance with the law of the State of Idaho, where the accident occurred and the transactions took place out of which the case rose, and the trial court very properly so charged the jury. (Sartin v. O. S. L. B. B. Go., 21 Utah 441; Northern Pac. B. B. Go.…
1Opinion of the CourtStraup, J.
1. Respondents had judgment against appellants for negligently causing the death of William A. Merrill, the husband and father of respondents. Among other things, it was alleged in-the complaint that the deceased was in the employ of the appellant as a car repairer at its yard in Pocatello, Idaho, and was directed to make repairs on one of its cars in a string or train of cars standing upon one of its tracks in said yard; that the appellant had negligently failed to promulgate and enforce rules and regulations concerning the displaying of flags when car repairers were between or under cars…
2Cases cited14 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- Sipes v. Puget Sound Electric RailwayWashington Supreme Court · 1909
- Stone v. Union Pacific RailroadUtah Supreme Court · 1907
- Clinkscales v. Wisconsin Granite Co.South Dakota Supreme Court · 1916
- Lasagna v. McCarthyUtah Supreme Court · 1947
6 more not listed; retrieve them via the Exa API.