English v. Southern Pacific Co.
Utah Supreme Court
Appeal from tlie district court of the Fourth judicial district, Territory of Utah. Hon H. W. Smith, Judge. . Action by Jane English and others against the Southern Pacific Railway Company and the Ogden Union Railway & Depot Company, for damages sustained by the plaintiff by reason of the death of her husband, caused by a passenger train. From a judgment for the plaintiffs, defendants appeal. Modified as to the amount of damages.
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Appeal from tlie district court of the Fourth judicial district, Territory of Utah. Hon H. W. Smith, Judge. . Action by Jane English and others against the Southern Pacific Railway Company and the Ogden Union Railway & Depot Company, for damages sustained by the plaintiff by reason of the death of her husband, caused by a passenger train. From a judgment for the plaintiffs, defendants appeal. Modified as to the amount of damages. When a view of the track is obstructed, the traveler must use increased diligence, and if he ventures upon a track from which his view has been obstructed, without…
1Opinion of the Court
Miner, J.:
This action was brought to recover damages arising from the alleged negligence of the defendants, in causing the death of William English. Upon a trial the jury found a verdict for the plaintiffs in the sum of $15,000. Upon a motion for a new trial the verdict and judgment were reduced to $13,000.
It appears that on November 21, 1894, the defendants owned and controlled numerous railroad tracks crossing Twenty-fourth street, in the City of Ogden; that the depot and grounds of the companies consisted of 60 acres of land, at which point numerous railroad tracks center; that during…
2Cases cited22 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Central Passenger Railway Co. v. KuhnCourt of Appeals of Kentucky · 1888
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
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- Duncan v. Union Pacific RailroadUtah Supreme Court · 1992
- Gleave v. Denver & Rio Grande Western RailroadCourt of Appeals of Utah · 1988
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