Hogge v. Salt Lake & O. Ry. Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Orenne Hogge, Administratrix, against the Salt Lake & Ogden Railway Company and others. Judgment for plaintiff for $5,000. Defendant named appeals. RESPONDENT’S POINTS.
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Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Orenne Hogge, Administratrix, against the Salt Lake & Ogden Railway Company and others. Judgment for plaintiff for $5,000. Defendant named appeals. RESPONDENT’S POINTS. The land owner is responsible to invitees upon the premises who suffer injuries from a nuisance created or a hidden and concealed danger maintained on his premises, when that result was reasonably to be apprehended from the usual and ordinary method of doing the work contracted for. (Thomas v. Harrington, 54 Atl. 285, 65 L. R. A. 742.) The thing…
1Opinion of the CourtMcCAETY, J.
(after stating the facts as above).
Counsel for appellant, with much earnestness, contend that it was never contemplated bys either the railway company or the light company that the contractors or their employees, in the performance of the work in removing a portion of the north wall of the railway company’s substation building, should or would go upon the roof of the building. The position of appellant in that regard is very clearly set forth by counsel in their printed brief as follows:
“Plaintiff’s intestate was the servant of a mere trespasser, an independent contractor, and he, as well as…
2Cases cited7 opinions
- Fitzgerald v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1901
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Mitchell v. Raleigh Electric Co.Supreme Court of North Carolina · 1901
- Gagnon v. St. Maries Light & Power Co.Idaho Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Snyder v. AllenUtah Supreme Court · 1917
- Hall v. SabeyUtah Supreme Court · 1921
- West v. Standard Fuel Co.Utah Supreme Court · 1932