Stone v. Union Pacific Railroad
Utah Supreme Court
Appeal from District Court, Second District; J. A. Howell Judge. Action by A. I. Stone, administrator of tbe estate of Jas. H. Winslow, deceased, against tbe Union Pacific Railroad Company. Prom a judgment for plaintiff, defendant appeals. APPELLANT'S POINTS.
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Appeal from District Court, Second District; J. A. Howell Judge. Action by A. I. Stone, administrator of tbe estate of Jas. H. Winslow, deceased, against tbe Union Pacific Railroad Company. Prom a judgment for plaintiff, defendant appeals. APPELLANT'S POINTS. In Patton v. Railroad, 179 U. S. 658, tbe court speaking of proximate cause, said; “Where tbe testimony leaves the matter uncertain and shows that any one of half a dozen things may have brought about the injury, for some of which the employer is responsible and for some of which he is not, it is not for the jury to guess between these…
1Opinion of the CourtStraup, J.
1. This action was brought in the county of Weber, state of Utah, by, the plaintiff, for negligently causing the death of his intestate, James II. Winslow, near Azusa, in the state of Wyoming. It is alleged in the complaint, and admitted in the answer: That the defendant is a corporation organized under the laws of the state of Utah, and was operating a railroad between Ogden City, Utah, and Omaha, Neb. That at the time of the accident the deceased was in the employ of the Pacific Express Company as an express messenger, and while being transported on one of the cars of the fendant from Green…
2Cases cited42 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
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3Cited by16 opinions
- Hillyard v. Utah By-Products Co.Utah Supreme Court · 1953
- Grace v. Orkin Exterminating Co.Court of Appeals of Texas · 1953
- Hess v. RobinsonUtah Supreme Court · 1945
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
- Kimiko Toma v. Utah Power & Light CompanyUtah Supreme Court · 1961
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