Stephani v. Southern Pacific Co.
Utah Supreme Court
Appeal from the Second District Court, Weber County, Hon. H. H. Eolapp, Judge. Action by plaintiff for damages on account of personal injuries alleged to have occurred through the negligence of the defendant company in running its engine over and upon the plaintiff, who was a track walker in the employ of the defendant company. From a judgment of non-suit plaintiff appeals.
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Appeal from the Second District Court, Weber County, Hon. H. H. Eolapp, Judge. Action by plaintiff for damages on account of personal injuries alleged to have occurred through the negligence of the defendant company in running its engine over and upon the plaintiff, who was a track walker in the employ of the defendant company. From a judgment of non-suit plaintiff appeals. That the engineer and the plaintiff were not fellow servants see, Chicago, etc., B. Co. v. Boss, 15 Sup. Ct. Eep., 190. Unless plaintiff and the conductor were in the same common employment they can not be said to be…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MiNerMiNer, J.
It was admitted at the trial that no statute existed in Nevada at the time of the injury complained of changing the rule of the common law with reference to fellow servants or defining what a fellow servant is, as in Utah, and that the common law prevailed in that State and still prevails there. At the time of the injury the plaintiff was a common laborer and track walker on. defendant’s road, working with others under orders of Mr. Cannon, a section boss, who ordered the plaintiff to go to Twelve Mile Canon, where he was going when injured. Mr. Cole was road master,…
3Cases cited7 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Northern Pacific Railroad v. CharlessSupreme Court of the United States · 1896
2 more not listed; retrieve them via the Exa API.
4Cited by2 opinions
- Sartin v. Oregon Short Line RailroadUtah Supreme Court · 1904
- Jachetta v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1909