Smalley v. Rio Grande Western Ry. Co.
Utah Supreme Court
Appeal from District Court, Second District; J. A. Howell, Judge. Action by Albert Smalley, an infant, by John Smalley, bis guardian ad litem, against tbe Rio Grande Western Railway Company. From a judgment for defendant, plaintiff appeals. APPELLANT ’s POINTS.
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Appeal from District Court, Second District; J. A. Howell, Judge. Action by Albert Smalley, an infant, by John Smalley, bis guardian ad litem, against tbe Rio Grande Western Railway Company. From a judgment for defendant, plaintiff appeals. APPELLANT ’s POINTS. By tbe overwhelming weight of modern authority any negligence on the part of the parents of appellent or Mrs. Lowe, in whose charge he was at the time of his injury, if proven, is not imputable to appellant, and therefore it was error for the court to overrule appellant’s objection to questions aslced the witness Smalley on…
1Opinion of the CourtStrahp, J.
This action was brought by the plaintiff to recover damages alleged to have been sustained by him by reason of the defendant’s negligence. The accident happened in the defendant’s railroad yard at Ogden. It was alleged in the complaint that the yard was located between two streets in a well-settled portion of the city; that in the vicinity of the ac*434cident it bad been tbe custom of tbe public to cross tbe yard and walk along tbe tracks, and of children to play about tbe yard and ride on cars, with tbe knowledge and consent of tbe defendant; that tbe yard and cars operated therein were alluring…
2Cases cited18 opinions
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Daley v. RussCalifornia Supreme Court · 1890
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- McIntyre v. Ajax Mining Co.Utah Supreme Court · 1899
- Palmer & Rey v. Marysville Democrat Publishing Co.California Supreme Court · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Holland v. Baltimore & Ohio RailroadDistrict of Columbia Court of Appeals · 1981
- State v. PorteeWashington Supreme Court · 1946
- Farmers Ins. Exchange v. ArltNorth Dakota Supreme Court · 1953
- Jensen v. Utah Ry. Co.Utah Supreme Court · 1927
38 more not listed; retrieve them via the Exa API.