Olsen v. Oregon Short Line & Utah Northern Railway Co.
Utah Supreme Court
Appeal from a judgment of tbe district court of the third district, and from an order refusing a new trial. Hon. Charles S. Zane, judge. The opinion states the facts.
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Appeal from a judgment of tbe district court of the third district, and from an order refusing a new trial. Hon. Charles S. Zane, judge. The opinion states the facts. The instruction should have been given that the plaintiff should have stopped before venturing on the track. 2 Borer on Bailways, pp. 1061-1065; 2 Wood's Bailway Law, pp. 1301-1332 and notes; Patterson's Bailway and Accident Law, p. 168, note 4; 2 Shearman and Bedfield on Negligence, sec. 476, notes; Wilds v. Railway Go., 24 N. Y. 430, 440; Railway Go. v. Adams, 6 Pac. Bep. 529; Railway Go. v. Houston, 95 IT. S. 697; Schofield…
1Opinion of the Court
MINER, J.:
This action was brought in the third district court to recover damages for injuries sustained by the respondent to himself and to his horses, wagon, and harness while crossing the railroad track of the appellant. It appears from the testimony offered on the part of the respondent that about 6 o’clock p. ir., on February 14, 1891, the respondent was traveling from east to west on a public highway near Bing-ham Junction, driving a span of horses attached to a cov*132ered lumber wagon, containing several cumbersome articles. As he approached the crossing in question, and several hundred…
2Cases cited5 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Renwick v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Kansas Pacific Railway Co. v. RichardsonSupreme Court of Kansas · 1881
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1881
- Bitner v. Utah Central Railway Co.Utah Supreme Court · 1886
3Cited by7 opinions
- Davis v. BoggsArizona Supreme Court · 1921
- Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
- Dederichs v. Salt Lake City RailroadUtah Supreme Court · 1896
- Haun v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
- Peck v. Oregon Short Line RailroadUtah Supreme Court · 1902
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