Cummings v. Hines
Utah Supreme Court
PRATT, District Judge, dissenting. Appeal from District Court, Third District, Salt Lake County; P. G. Evans, Judge. Action by J. G-. Cummings -against AYalker D. Hines, Director General of Railroads. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtFrick, J.
The plaintiff brought this action to recover -the value of 35 head of sheep, which were killed through alleged negligence in the operation of a passenger train over the line of the Los Angeles & Salt Lake Railroad at a high rate of speed, and in *384not arresting tbe speed of tbe train or stopping tbe same so as to permit said sbeep to pass from tbe track, over which they were being driven, on February 19, 1918, in Tooele county. The defendant denied tbe alleged negligence, and as an affirmative defense set up contributory negligence on tbe part of plaintiff’s herder in negligently driving said…
2Cases cited3 opinions
- Keeney v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
- Martin v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1907
- Chicago, Burlington & Quincy Railroad v. CashWyoming Supreme Court · 1916