Legal Opinion

Gilbourne v. Oregon Short Line Railroad

Utah Supreme Court

Decided December 1, 1910No. 2112Published

Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Mike D. Gilbourne against the Oregon Short Line Railroád Company. Judgment for plaintiff. Defendant appeals. STATEMENT OE PACTS. This is an action for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant.

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Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Mike D. Gilbourne against the Oregon Short Line Railroád Company. Judgment for plaintiff. Defendant appeals. STATEMENT OE PACTS. This is an action for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, at the time he received the injuries complained of, was, and for about four or five years prior thereto had been, in the employ of the Rio Grande Western Railway Company, which, for the sake of brevity, we shall hereafter refer to as the “Rio Grande…

1Opinion

*109ON APPLICATION FOR REHEARING.

McCARTY, J.

Counsel for respondent have filed a petition for a rebear-ing. Tbe jury by their verdict decided every question of fact, whether properly or improperly submitted to them, in favor of respondent, and every assignment of error presented and relied upon by appellant in this court for a reversal of the judgment, except the assignment of error directed to and involving the giving of the latter portion of instruction 12a, was also decided in respondent’s favor. His counsel, nevertheless, have reargued and gone over the entire case in the petition for a…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Snyder v. PikeUtah Supreme Court · 1905
  2. Sandberg v. Victor Gold & Silver Mining Co.Utah Supreme Court · 1901
  3. Betz v. Peoples' Building, Loan & Saving Ass'nUtah Supreme Court · 1901

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