Peck v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the Eourth District Court, Utah County. — Hon. J. E. Booth, Judge. Action to recover damages for personal injuries alleged to bave been received by tbe plaintiff through, the negligence of the defendant company in the operation of its railroad. Erom a judgment in favor of the plaintiff, the defendant appealed.
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Appeal from the Eourth District Court, Utah County. — Hon. J. E. Booth, Judge. Action to recover damages for personal injuries alleged to bave been received by tbe plaintiff through, the negligence of the defendant company in the operation of its railroad. Erom a judgment in favor of the plaintiff, the defendant appealed. It is true only a few State courts have held that at ordinary crossings when there is an unobstructed view of the track, it is necessary for tbe traveler to stop, look, and listen, evidently for the sufficiently good reason, that he can see without stopping. But when he can…
1Opinion of the CourtBartch, J.
This action was brought to recover damages for personal injuries alleged to have been received by the plaintiff through the negligence of the defendant in the operation of its railroad. It was alleged in the complaint, among other things, that the accident which resulted in this suit occurred in the city of Lehi, where the defendant’s railroad track crosses one of the public streets; that there was an ordinance prohibiting the running of trains' at a greater rate of speed than eight miles an hour within the inhabited portions of the city; that on the occasion of the accident the train was…
2Cases cited33 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
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3Cited by4 opinions
- Sides v. St. Anthony's Medical CenterSupreme Court of Missouri · 2008
- Harvey v. HavenerMontana Supreme Court · 1959
- Harvey v. HavenerMontana Supreme Court · 1959
- Steed v. Rio Grande Western Ry. Co.Utah Supreme Court · 1905