Major v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the Second District Court, Weber County, Hon. Ií. H. Rolapp, Judge. Action by plaintiff to recover damages for personal injuries alleged to bave been caused by the negligence of defendant company. From a judgment for defendant, plaintiff appealed.
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Appeal from the Second District Court, Weber County, Hon. Ií. H. Rolapp, Judge. Action by plaintiff to recover damages for personal injuries alleged to bave been caused by the negligence of defendant company. From a judgment for defendant, plaintiff appealed. “According to the weight of authority in this country negligence is presumed when an injury results, from the breaking or defective condition of any of the appliances of a railway used in the carrying of passengers or in the method of their use.” In support of this rule we cite: Sawyer v. Hannibal & O. B. B. Go., 37 Mo., 240; Bowen v. N.…
1Opinion of the CourtBartch, C. J.
This is an action to recover damages for personal injuries alleged to have been caused through the negligence of the defendant. It appears the plaintiff, Nellie Major, was a passenger on the company’s train, and that the train was derailed near the town of Glens Ferry, Idaho. The car in which she was riding was upset, and she was injured. At the trial the jury returned a verdict of “ no cause of action,” and judgment was entered accordingly. Thereupon the plaintiffs appealed.
It is insisted on behalf of the appellants, that the *145court erred in charging the jury as follows: “ The court instructs…
2Cases cited7 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
- Anderson v. Daly Mining Co.Utah Supreme Court · 1897
- Hamer v. First National Bank of OgdenUtah Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Holland v. Oregon Short Line RailroadUtah Supreme Court · 1903
- Wells v. Utah Construction Co.Utah Supreme Court · 1904