Loofbourow v. Utah Light & Ry. Co.
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritch-ie, Judge. Action by Harlan Loofbourow against the Utah Light & Railway Company. Judgment for plaintiff, and defendant appeals. RESPONDENT^ POINTS. . “If the petition claims damages for loss of time because of permanent disability, the plaintiff may prove his skill as a mechanic, the employment he was engaged in, and the wages received, although such facts are not alleged.”
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Appeal from District Court, Third District; M. L. Ritch-ie, Judge. Action by Harlan Loofbourow against the Utah Light & Railway Company. Judgment for plaintiff, and defendant appeals. RESPONDENT^ POINTS. . “If the petition claims damages for loss of time because of permanent disability, the plaintiff may prove his skill as a mechanic, the employment he was engaged in, and the wages received, although such facts are not alleged.” (4 Sutherland on Damages [3d Ed.], sec. 1241, p. 3625; Flan-nigan v. Railroad, 83 Iowa 639, 50 N. W. 60; Lesser v. Railroad, 85 UVCo. App. 326; Wade v. LeRoy, 20 How.…
1Opinion of the CourtUkiok, J.
This is an action for damages for alleged personal in juñes sustained by respondent and for damages to his horse and' cart caused by a collision with one of respondent’s street cars. • The case is here on second appeal. The first appeal is reported in 31 Utah 355, 88 Pac. 19, where the facts are stated. The evidence on the second trial was practically the same as on the first, and we refer to the statement of the case as made by Mr. .Justice Straup for further particulars. On the second trial the jury again found in favor of respondent. Upon the verdict judgment was entered, from which this…
2Cases cited12 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Spiking v. Consolidated Ry. & Power Co.Utah Supreme Court · 1908
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
- Luck v. City of RiponWisconsin Supreme Court · 1881
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3Cited by4 opinions
- State v. HammondUtah Supreme Court · 1915
- Groot v. Oregon Short Line R.Utah Supreme Court · 1908
- McKinney v. CarsonUtah Supreme Court · 1909
- Lindsay Land & Livestock Co. v. Smart Land & Livestock Co.Utah Supreme Court · 1913