Toone v. J. P. O'neill Construction Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Charles S. Toone against the J. P. O’Neill Construction Company. Judgment for plaintiff. Defendant appeals. APPELLANTS POINTS. By statute the defendant in an action is permitted to set forth by answer as m!any defenses and counterclaims, legal or equitable, or both, as he may have.
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Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Charles S. Toone against the J. P. O’Neill Construction Company. Judgment for plaintiff. Defendant appeals. APPELLANTS POINTS. By statute the defendant in an action is permitted to set forth by answer as m!any defenses and counterclaims, legal or equitable, or both, as he may have. (Compiled Laws ITtah, 1907, sec. 2972.) And also by statute, allegation of new matter in the answer to which a reply is not required is deemed controverted by the adverse party. (Id., sec. 2996.) Assuming that the defenses are utterly…
1Opinion of the CourtFrick, C. J.
This is an appeal from a judgment awarding damage^ for personal injuries sustained while respondent was the employee of appellant.
The material and controlling facts on behalf of respondent, in substance, are as follows: At the time of the injuries complained of, and for a long time prior thereto, appellant was engaged in operating a stone quarry in Morgan County, Utah. It employed a considerable number of men to carry on the business, of which respondent was one, and. he had been in its employ for four or five months immediately preceding the accident. About two months of that time he was…
2Cases cited10 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Frandsen v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1873
- Faulkner v. Mammoth Mining Co.Utah Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morrison v. PerryUtah Supreme Court · 1943
- Shepard v. PayneUtah Supreme Court · 1922
- Garland v. FleischmannUtah Supreme Court · 1992
- Lukich v. Utah Construction Co.Utah Supreme Court · 1916
- Morgan v. Bingham Stage Lines Co.Utah Supreme Court · 1929
11 more not listed; retrieve them via the Exa API.