Swan v. Salt Lake & Ogden Railway Co.
Utah Supreme Court
Appeal from District Court, Second District; Ron. J. A. Howell, Judge. Action by George W. Swan (against the Salt Lake and Ogden Railway Company and others. Judgment for plaintiff. Defendant named appeals. RESPONDENT'S POINTS.
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Appeal from District Court, Second District; Ron. J. A. Howell, Judge. Action by George W. Swan (against the Salt Lake and Ogden Railway Company and others. Judgment for plaintiff. Defendant named appeals. RESPONDENT'S POINTS. Appellant was negligent both in placing its high tension wire in suck dangerous proximity to the telephone pole and in its continued maintenance thereafter, and was not only-liable for the original wrong in so placing it, but was equally liable for permitting it to so remain. It is immaterial whether appellant or the telephone company was the pudor or junior occupant of…
1Opinion of the CourtPrick, C. J.
Biespondent recovered a joint judgment against the defendant Home Telephone & Electric Company and the Salt Lake & Ogden Kailwky Company, both Utah corporations, for damages for personal injuries which he sustained by reason of the alleged negligence of said corporations. The railway company alone appeals, and will hereafter be called appellant, while the other defendant will be designated as “telephone. company.”
The allegations of negligence against appellant in substance are that on and1 for a long time prior to the 22d day of July, 1910 (the day of the accident), appellant had negligently…
2Cases cited14 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
- Brown v. Edison Electric Illuminating Co.Court of Appeals of Maryland · 1900
- Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910
- Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1912
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3Cited by4 opinions
- Black v. Public Service Electric & Gas Co.Supreme Court of New Jersey · 1970
- Theisen v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1937
- Furkovich v. Bingham Coal & Lumber Co.Utah Supreme Court · 1914
- Hogge v. Salt Lake & O. Ry. Co.Utah Supreme Court · 1915