Mathews v. Daly-West Mining Co.
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County. — Ho». G. 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.
Read the full summary
Appeal from tbe Third District Court, Salt Lake County. — Ho». G. 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. This accident and the facts connected with it are directly referable to, and controlled by the maxim vol-enti non fit injuria, and while this maxim has lost much of its literal significance as it came to ns from the civil law, that fact and verbal construction or meaning are practically unimportant; the ultimate inquiry being as to…
1Opinion of the CourtBaskin, C. J.
This is an action to recover for personal injuries alleged to have been caused by the negligence of the defendant. The answer denies the negligence alleged in the complaint, and alleges contributory negligence upon the part of the plaintiff. A verdict and judgment were rendered in favor of the plaintiff.
The defendant made a motion for a nonsuit, and, when the testimony was closed, requested the court to instruct the jury that, as a matter of law, the plaintiff was not entitled to recover. The denial of both the motion and request is assigned as error. The ground of the motion and request is…
2Cases cited7 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Thiede v. Utah TerritorySupreme Court of the United States · 1895
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- People of the Territory v. ThiedeUtah Supreme Court · 1895
- Whipple v. PreeceUtah Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Ferguson v. JongsmaUtah Supreme Court · 1960
- Cheney v. BuckUtah Supreme Court · 1920
- Hicks v. Southern Pacific Co.Utah Supreme Court · 1904
- Southwestern Development Co. v. BoydCourt Of Appeals Of Indian Territory · 1907