Meyers v. San Pedro, Los Angeles & Salt Lake Railroad
Utah Supreme Court
Appeal from District Court, -Third District; Hon. T. D. Lewis, Judge. Action by Lena Meyers against tbe San Pedro, Los An-geles & Salt Lake Railroad Company. Judgment -for plaintiff. Defendant appeals. APPELLANT^ POINTS. “If‘error is shown it will be presumed to have been prejudicial unless the record affirmatively shows that no injury did or could result.” (Holt v. Spokane Railroad, 35-P'ae. 39.) Tbe so-called “service letter” was incompetent and hearsay.
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Appeal from District Court, -Third District; Hon. T. D. Lewis, Judge. Action by Lena Meyers against tbe San Pedro, Los An-geles & Salt Lake Railroad Company. Judgment -for plaintiff. Defendant appeals. APPELLANT^ POINTS. “If‘error is shown it will be presumed to have been prejudicial unless the record affirmatively shows that no injury did or could result.” (Holt v. Spokane Railroad, 35-P'ae. 39.) Tbe so-called “service letter” was incompetent and hearsay. It constituted no- part of the res gestae, was only a mere recital of past occurrences by one who did not profess to have personal…
1Opinion of the Court
STRAUP, O. J.
The plaintiff brought this action to recover damages for the death of her husband, alleged to" have been caused by the defendant’s negligence.
It is alleged in the complaint that the defendant negligently ran and operated “a certain train known as ‘section No. 2’ of train No. 81 at a high and dangerous rate of speed into and against a certain train known as the ‘first section’ of train No. 81, and in disregard of the schedule which it had theretofore established for the running of trains,” whereby the deceased, who was the conductor of the first section, was killed. The defendant…
2Cases cited12 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Gulf, Colorado & Santa Fe Railway Co. v. WarnerTexas Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. GeorgeIllinois Supreme Court · 1858
- Idaho Forwarding Co. v. Fireman's Fund InsuranceUtah Supreme Court · 1892
- Long v. Chicago, Rock Island & Texas Railway Co.Texas Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
- Preston v. LambUtah Supreme Court · 1968
- Hoffman v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1912
- Spratt v. PaulsonUtah Supreme Court · 1916
- Shepherd v. Denver & Rio Grande RailroadUtah Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.