Lewis v. Rio Grande Western Ry. Co.
Utah Supreme Court
Appeal from District Court, Fourth District; Ron. A. R. Christensen, Judge. Action by Susie Lewis and another, by her guardian ad litem, Susie Lewis, against Rio Grande Western Railway Company. Judgment for plaintiffs. Defendant appeals. APPELLANT'S POINTS. We believe it is both fundamental and elementary as a rule of evidence that one cannot presume a fact from a mere presumption. In other words, a presumption cannot be based up,on a presumption.
Read the full summary
Appeal from District Court, Fourth District; Ron. A. R. Christensen, Judge. Action by Susie Lewis and another, by her guardian ad litem, Susie Lewis, against Rio Grande Western Railway Company. Judgment for plaintiffs. Defendant appeals. APPELLANT'S POINTS. We believe it is both fundamental and elementary as a rule of evidence that one cannot presume a fact from a mere presumption. In other words, a presumption cannot be based up,on a presumption. (Manning v. Insurance Go., 100 U. S. 693, 698; Welsh v. Erie & W. V. RL Co., 181 Pa. 461, 31 Atl. 513; 16 Cyc. 1051.) Proof of negligence without…
1Opinion of the CourtMcCARTY, J.
Plaintiffs, the surviving widow and the daughter of John S. Lewis, deceased, • brought this action to recover damages for the death of said Lewis, alleged to have been caused by the negligence of the defendant in operating a locomotive and train of cars within the corporate limits of the City of Lehi.
It is alleged in the complaint that at all times therein mentioned the tracks of the defendant company ran through said City of Lehi, and upon, along, over, and across various streets thereof; that on July 3, 1905, a,t about the hour of midnight, Lewis, the deceased, was traveling over and upon…
2Cases cited23 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Newton v. Oregon Short Line RailroadUtah Supreme Court · 1913
- Toomer's Estate v. Union Pac. R. Co.Utah Supreme Court · 1951
- Ross v. San Francisco-Oakland Terminal Railways Co.California Court of Appeal · 1920
- Ivie v. RichardsonUtah Supreme Court · 1959
- Tremelling v. Southern Pacific Co.Utah Supreme Court · 1917
13 more not listed; retrieve them via the Exa API.