Legal Opinion

Wright v. Southern Pacific Co.

Utah Supreme Court

Decided September 23, 1896No. 691PublishedCited by 11 opinions

Appeal from the Fourth district court, Territory of Utah. Hon. H. W. Smith, Judge. Action by James A. Wright against the Southern Pacific Company for injuries received while plaintiff was in the employ of defendant as a brakeman. From a judgment for the plaintiff, defendant appeals.

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Appeal from the Fourth district court, Territory of Utah. Hon. H. W. Smith, Judge. Action by James A. Wright against the Southern Pacific Company for injuries received while plaintiff was in the employ of defendant as a brakeman. From a judgment for the plaintiff, defendant appeals. “Knowledge of the condition of things on the part of the servant, and his continuance in the service after such knowledge, exempt the master from all liability to the servant for an injury growing out of the condition of things.” Naylor v. Chicago, etc., B. B. Co., 53 Wis. 661; Birmingham, etc., B. Co. v. Allen,…

1Opinion of the Court

Bartoh, J.:

This action was brought to recover damages for personal injuries which the plaintiff claims he received through the negligence of the defendant. The trial of the case resulted in a verdict in the sum of $20,000, against the defendant. Upon the hearing of the motion for a new trial, the court reduced that sum to $15,000, and, on plaintiff consenting to the reduction, overruled the motion, and entered judgment accordingly. This appeal was taken from the judgment, and from the order overruling the motion for a new trial.

It appears from the evidence, substantially, that the plaintiff…

2Cases cited27 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  4. Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
  5. Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889

22 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Pool v. Southern Pacific Co.Utah Supreme Court · 1899
  2. Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
  3. Shepard v. PayneUtah Supreme Court · 1922
  4. Stone v. Union Pacific RailroadUtah Supreme Court · 1907
  5. Konold v. Rio Grande Western Railway Co.Utah Supreme Court · 1900

6 more not listed; retrieve them via the Exa API.

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