Morrison v. San Pedro L. A. & S. L. R.
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritcbie, Judge. Action by D. R. Morrison against the San Pedro, Los Angeles & Salt Lake Railroad Company and others. Prom a judgment for plaintiff against the named defendant, it appeals. APPELLANT'S POINTS.
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Appeal from District Court, Third District; M. L. Ritcbie, Judge. Action by D. R. Morrison against the San Pedro, Los Angeles & Salt Lake Railroad Company and others. Prom a judgment for plaintiff against the named defendant, it appeals. APPELLANT'S POINTS. "We contend that the man Branen, in any light in which the evidence in this case' can be considered, was a fellow servant of the plaintiff, and that the court should have so instructed the jury as requested by the appellant in its sixth request. If we are correct in this view, it follows that the court should have given defendant’s first…
1Opinion of the CourtErickson, District Judge
Counsel for appellant have assigned a number of alleged errors; but in their brief, and also upon the oral argument of the case before this court, they rely chiefly for a reversal of the judgment upon an alleged error of the trial court, Avherein said court instructed the jury that all the members of the train crew of 501, the train on which respondent was riding and the members of the train crew on the colliding train (636), with the single exception of William Brenen, were fellow servants of respondent, for whose negligence appellant was not liable in the action. The instruction complained…
2Cases cited18 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
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3Cited by1 opinion
- Jachetta v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1909