Hayes v. Southern Pacific Co.
Utah Supreme Court
Appeal from district court, Weber county; H. H. Rolapp, Judge. Action by William Hayes against'the Southern Pacific Company. From a judgment for defendant, plaintiff an-peals. Introduction of the evidence of the experiment was inadmissible. Oam. v. Piper, 120 Mass. 188; Mdt v. Gutter, 127 Mass. 523; State v. Justus (Or.) 8 Pac.
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Appeal from district court, Weber county; H. H. Rolapp, Judge. Action by William Hayes against'the Southern Pacific Company. From a judgment for defendant, plaintiff an-peals. Introduction of the evidence of the experiment was inadmissible. Oam. v. Piper, 120 Mass. 188; Mdt v. Gutter, 127 Mass. 523; State v. Justus (Or.) 8 Pac. Rep. 337; By. v. Mugg, 31 N. E. 565-6; By. v. Champion, 32 N. E. 875; Libby v. Seherman, 34 N. E. 803; Moore v. By., 61 N, W. 992. Of course the jury in this case was not taken to Carlin to see the experiment performed, but we say that an experiment performed before…
1Opinion of the Court
BARTOH, J.:
The plaintiff was on the 18th day of November, 1894, in the employ of the defendant company at Carlin, Nev., as a coal heaver. His work had to be performed in the company’s coal sheds, and consisted in supplying the tenders of engines with coal whenever they were run into the sheds for that purpose. The coal sheds were constructed with a railroad track through them, so as to enable the running of engines into them for coaling purposes. It appears that coal bins were on both sides of the track, and that the passageway or space for the track, according to plaintiff’s testimony, was…
2Cases cited5 opinions
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Walker v. FieldsSupreme Court of Georgia · 1859
- Scattergood v. . WoodNew York Court of Appeals · 1879
- Weight v. Southern Pacific Co.Utah Supreme Court · 1897
3Cited by7 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1900
- Curtis & Gartside Co. v. PribylSupreme Court of Oklahoma · 1913
- Employers' Mut. Liability Ins. Co. of Wisconsin v. Allen Oil Co.Utah Supreme Court · 1953
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