Pugmire v. Diamond Coal & Coke Co.
Utah Supreme Court
Appeal from the, Third District Court, Salt Lake County. — No». S. W. Stewart, Judge. Action by Mary Pugmire and her eight minor children, heirs at law of Andrew Pugmire, to recover damages for the death of her husband alleged to have been occasioned by the negligence of the defendant. From a judgment dismissing the complaint, the plaintiffs appealed. STATEMENT OE PACTS.
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Appeal from the, Third District Court, Salt Lake County. — No». S. W. Stewart, Judge. Action by Mary Pugmire and her eight minor children, heirs at law of Andrew Pugmire, to recover damages for the death of her husband alleged to have been occasioned by the negligence of the defendant. From a judgment dismissing the complaint, the plaintiffs appealed. STATEMENT OE PACTS. This action was commenced May 2, 1898, by Mary Pugmire and her eight minor children, heirs at law of Andrew Pugmire, who was killed January 27, 1898, at Diamondville, Wyoming, while he was in the employ and at work for…
1Opinion of the Court
. McCARTY, J.,
after making the foregoing statement of the case, delivered the opinion of the court.
There are two questions raised by this appeal: First, did the court err in denying plaintiffs’ motion to amend their complaint by substituting the personal representative of the deceased as party plaintiff, in lieu of the beneficiaries, present plaintiffs? and, second, can the plaintiffs, who were not proper party plaintiffs in tbe court below, be heard in this court on appeal?
The general rule respecting the first proposition is 1 that amendments will not be permitted which would result in a…
2Cases cited7 opinions
- Van Doren v. Pennsylvania R.Court of Appeals for the Third Circuit · 1899
- Teutonia Life Insurance v. MuellerIllinois Supreme Court · 1875
- United States Insurance v. LudwigIllinois Supreme Court · 1884
- Wood v. LaneMichigan Supreme Court · 1891
- Bender v. LuckenbachSupreme Court of Pennsylvania · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ross v. RobinsonOregon Supreme Court · 1944
- Bryan v. Inspiration Consolidated Copper Co.Arizona Supreme Court · 1922
- Gary Porter Construction v. Fox Construction, Inc.Court of Appeals of Utah · 2004
- Sargent v. Union Fuel Co.Utah Supreme Court · 1910
- Nelson v. JorgensonUtah Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.