Potter v. Ajax Mining Co.
Utah Supreme Court
Appeal from the Fifth District Court Juab County. Hon. E. V. Higgins, Judge. Action by plaintiff for personal injuries alleged to have been inflicted through the negligence of defendant company. Defendant company effected a compromise with plaintiff direct without considering plaintiff’s attorneys. Plaintiff’s attorneys in this action seek to prosecute the same for their benefit claiming a lien on plaintiff’s cause of action.
Read the full summary
Appeal from the Fifth District Court Juab County. Hon. E. V. Higgins, Judge. Action by plaintiff for personal injuries alleged to have been inflicted through the negligence of defendant company. Defendant company effected a compromise with plaintiff direct without considering plaintiff’s attorneys. Plaintiff’s attorneys in this action seek to prosecute the same for their benefit claiming a lien on plaintiff’s cause of action. From a judgment in favor of the attorneys and fixing their qonpensation defendant appealed. The contract between the plaintiff and his attorneys is against public policy…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The appellant alleges that the court erred:
1. In setting aside the entry of dismissal of the case by the plaintiff.
2. In admitting in evidence over the objection of the defendant, the contract between plaintiff and his attorneys.'
3. In instructing the jury that plaintiff’s attorneys had a lien upon the plaintiff’s cause of action for their fees. (This instruction, however, was not given.)
5. In instructing the jury that if the plaintiff was entitled to recover, their verdict should be for fifty per cent of the amount of damages which the plaintiff was entitled to…
3Cases cited33 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- Burnes v. ScottSupreme Court of the United States · 1886
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Leese v. ClarkCalifornia Supreme Court · 1862
28 more not listed; retrieve them via the Exa API.
4Cited by22 opinions
- In re EvansUtah Supreme Court · 1913
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- People Ex Rel. Chicago Bar Ass'n v. McCallumIllinois Supreme Court · 1930
- Newport Rolling Mill Co. v. HallCourt of Appeals of Kentucky · 1912
- Parents Against Drunk Drivers v. Graystone Pines Homeowners' Ass'nCourt of Appeals of Utah · 1990
17 more not listed; retrieve them via the Exa API.