Steed v. Rio Grande Western Ry. Co.
Utah Supreme Court
Appeal from District Court, Davis County; Charles H. Hart, Judge. Action by Thomas Steed against the Rio Grande Western Railway Company. Erom a judgment in favor of plaintiff, defendant appeals. APPELLANT'S POINTS. The undisputed testimony in the case shows that the plaintiff was guilty of contributory negligence in failing to see or hear the approaching train.
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Appeal from District Court, Davis County; Charles H. Hart, Judge. Action by Thomas Steed against the Rio Grande Western Railway Company. Erom a judgment in favor of plaintiff, defendant appeals. APPELLANT'S POINTS. The undisputed testimony in the case shows that the plaintiff was guilty of contributory negligence in failing to see or hear the approaching train. The rule is settled beyond dispute that it is the duty of a traveler upon a public highway when approaching a railroad crossing to look and listen in both directions for an approaching train, and if he fail to discharge this duty, he…
1Opinion of the CourtMcCARTY, J.
Appellant .requested the court to peremptorily instruct the jury to return a verdict in favor of defendant, which request was denied. The error predicated upon the refusal of the court to give this instruction is the only one assigned and relied upon by appellant for a reversal of the case. No testimony was offered by the railway company to rebut the evidence introduced by plaintiff showing negligence on the part of the company because of its failure to give the usual and customary warnings and signals as the train on the morning in question approached the crossing immediately preceding the…
2Cases cited10 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Linden v. Anchor Mining Co.Utah Supreme Court · 1899
- Dederichs v. Salt Lake City RailroadUtah Supreme Court · 1896
- Smith v. Rio Grande Western Railway Co.Utah Supreme Court · 1893
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