Legal Opinion
Elder v. Nephi City Ex Rel. Brough
Utah Supreme Court
Decided June 12, 2007No. 20050510, 20050576, 20050581PublishedCited by 3 opinions
1Opinion of the Court
NEHRING, Justice:
BACKGROUND
{1 Mr. Shelley Elder was killed on a Union Pacific Railroad railway track in Ne-phi City, Utah, when the dump truck he was driving was struck by a ninety-one-car freight train. Mr. Elder's widow, Mrs. Nan Elder, contends that her husband's death was caused by the negligence of the Railroad and Nephi. According to Mrs. Elder, her husband would not have lost his life had a line of trees located parallel to the railroad tracks not obscured his vision of the train. The trees were situated on land owned by Nephi. Nephi did not operate the train. The Railroad owned the…
2Cases cited27 opinions
- Minnesota v. HitchcockSupreme Court of the United States · 1902
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Newhall v. SangerSupreme Court of the United States · 1876
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3Cited by3 opinions
- Q-2 L.L.C. v. HughesUtah Supreme Court · 2016
- Holladay Towne v. Brown Family HoldingsUtah Supreme Court · 2011
- KENNETH L. BRUNE, P.C. v. CRAWFORD AND COMPANYCourt of Civil Appeals of Oklahoma · 2017