Smith v. Ogden & N. W. R.
Utah Supreme Court
Appeal from District Court, Second District; J. A. Howell, Judge. Action by A. R. C. Smith against the Ogden, & Northwestern Railroad Company. From a judgment for defendant, plaintiff appeals. appellant's points.
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Appeal from District Court, Second District; J. A. Howell, Judge. Action by A. R. C. Smith against the Ogden, & Northwestern Railroad Company. From a judgment for defendant, plaintiff appeals. appellant's points. It is the duty of a railroad company to keep1 its right of way free from dry grass, weeds and other combustible materials, in order that fire may not be set out of its right of w'ay; and, if it negligently permits dry grass, weeds, leaves or other combustible material to accumulate and remain in its right of way, and the same takes fire from one of its passing engines, and is…
1Opinion of the CourtStbaup, J.
This action was brought to recover damages for the destruction of property by fire alleged to have been caused by the negligence of the defendant in the operation and management of its engine. The particular negligence charged against the defendant was in permitting dry grasses and weeds to be and remain upon its right of way, in failing to- equip its engine with a proper spark arrester, and in the manner of handling and operating the engine. The answer was a general denial. A trial before the court and a jury resulted in a verdict for the defendant. Plaintiff appeals.
The defendant’s track…
2Cases cited6 opinions
- Bunnell v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
- Lake Erie & Western Railroad v. MiddlecoffIllinois Supreme Court · 1894
- Holland v. Oregon Short Line RailroadUtah Supreme Court · 1903
- Belnap v. WiddisonUtah Supreme Court · 1907
- Clark v. Oregon Short Line RailroadUtah Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Devine v. CookUtah Supreme Court · 1955
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Jensen v. Logan CityUtah Supreme Court · 1936
- Weygandt v. BartleOregon Supreme Court · 1918
- Bogdon v. Los Angeles & S. L. R.Utah Supreme Court · 1922
11 more not listed; retrieve them via the Exa API.