Robinson v. Oregon Short Line & Utah Northern Railway Co.
Utah Supreme Court
Appeal from a judgment-of the district court of the third district and from an order refusing a new trial. The ruling in the lower court against a non-suit was placed upon the ground that there was evidence to show that the ear had been left unfastened upon the track, and if so, it was negligence to leave the car in Buch a position. The opinion does not notice this aspect of the testimony. Other facts are found in the opinion.
1Opinion of the Court
Andeeson, J.:
This action is brought by the plaintiff to recover damages for the death of his son, aged between eleven *494and twelve years,, alleged to have been caused by the negligence of the defendant. There was a verdict and judgment in favor of the plaintiff for $4,000, and the defendant brings this appeal from the judgment, and from the order of the court oveiTuJing a motion for a new trial.
The complaint alleged that on October 11, 1890, the defendant left a hand-car upon one of the tracks of its road within the limits of Salt Lake City, and permitted it to remain there until the evening of…
2Cases cited2 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Chicago & Alton Railroad v. McLaughlinIllinois Supreme Court · 1868
3Cited by5 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Ryan v. TowarMichigan Supreme Court · 1901
- Kaumeier v. City Electric Railway Co.Michigan Supreme Court · 1898
- Buddy v. Union Terminal Railway Co.Supreme Court of Missouri · 1918
- Atchison, Topeka & Santa Fe Railroad v. SlatterySupreme Court of Kansas · 1896