Sartin v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from tbe Second District Court, Weber County, —Hon. H. H. Rolapp, Judge. Action to recover damages for personal injuries alleged to bave been caused by tbe negligence of tbe defendant. Prom a judgment in favor of tbe plaintiff, tbe defendant appealed. STATEMENT OF FACTS. In this action tbe plaintiff seeks to recover damages for personal injuries which be received while in tbe employ of tbe defendant railroad company.
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Appeal from tbe Second District Court, Weber County, —Hon. H. H. Rolapp, Judge. Action to recover damages for personal injuries alleged to bave been caused by tbe negligence of tbe defendant. Prom a judgment in favor of tbe plaintiff, tbe defendant appealed. STATEMENT OF FACTS. In this action tbe plaintiff seeks to recover damages for personal injuries which be received while in tbe employ of tbe defendant railroad company. It appears be entered tbe employ of tbe company on June 29,1902, in tbe State of Idaho, as a laborer and member of a “fence gang,” whose duty it was to repair and build…
1Opinion of the CourtBartch, J.
*4511 2 *450At the close of the evidence in this case the defendant, among other things, requested the court to charge the jury that, “as matter of law, the plaintiff is not entitled to recover in this action, ” and to direct them to return a verdict of “no cause of action.” This the court refused to do, and the appellant now contends that the refusal was error; that, if there was any negligence, it was that of a fellow-servant, for which the company was not liable. Upon careful examination of the question thus presented, under the law applicable to this case, and in the light of the facts disclosed…
2Cases cited11 opinions
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Alaska Treadwell Gold Min. Co. v. WhelanSupreme Court of the United States · 1897
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3Cited by3 opinions
- Johnson v. Union Pacific Coal Co.Utah Supreme Court · 1904
- Donahue v. Warner Bros. Pictures, Inc.Court of Appeals for the Tenth Circuit · 1952
- Donahue v. Warner Bros. Pictures, Inc.Court of Appeals for the Tenth Circuit · 1952