Saunders v. Southern Pacific Co.
Utah Supreme Court
Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by Philander V. Saunders against the Southern Pacific company for damages sustained by plaintiff while a passenger on defendant's train. From a judgment of nonsuit, plaintiff appeals. The facts are set out in the opinion of the court and. in the opinion of Justice Miner, dissenting.
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Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by Philander V. Saunders against the Southern Pacific company for damages sustained by plaintiff while a passenger on defendant's train. From a judgment of nonsuit, plaintiff appeals. The facts are set out in the opinion of the court and. in the opinion of Justice Miner, dissenting. The point most relied upon by respondent in the lower court was that of contributory negligence. • It insisted that appellant was guilty of culpable negligence in voluntarily placing himself in an…
1DissentMiner, J.
I do not fully concur with the opinion and reasoning of the majority of this court in this case. The opinion is based upon the facts recited therein, and largely, though doubtless unintentionally, overlooks that part of the testimony showing negligence on the part of the plaintiff, upon which the nonsuit was evidently based. The contention of the appellant is based upon the alleged negligence of the respondent (1) in operating its cars through a snowshed which was of insufficient height to *288admit the passage of appellant, walking on the running board, when returning from attending to the…
2Cases cited13 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Carver v. Detroit & Saline Plank Road Co.Michigan Supreme Court · 1886
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