Burbidge v. Utah Light & Traction Co.
Utah Supreme Court
Appeal from District Court, Third District, Salt Lake County; W. H.'Bramel, Judge. Action by John B. Burbidge, administrator of the estate of Peter Peterson, deceased, against the Utah Light & Traction Company. From a judgment for defendant, plaintiff appeals.
1ConcurrenceThurman, J.
I concur in the opinion of my associate, Mr. Justice GIDEON.
The instruction to which exception was taken by appellant was erroneous, not only for the reasons stated in the opinion, but also for the reason that it was ambiguous, uncertain, and, perhaps, misleading. When the court instructed the jury that before it could find a verdict in favor of the minor children it must find from the evidence in the case that the deceased, their father, recognized his obligation to contribute to their support, it left the jury to speculate and grope in darkness *577as to just what would constitute recognition.…
2Cases cited42 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Tonini v. CevascoCalifornia Supreme Court · 1896
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
- Chase v. Tingdale Bros.Supreme Court of Minnesota · 1914
- Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
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