Legal Opinion

Malola Pool v. Southern Pacific Co.

Utah Supreme Court

Decided January 15, 1891PublishedCited by 12 opinions

Appeal from a judgment of the district court of the first district and from an order refusing a new trial. The opinion states the facts.

1Opinion of the Court

MINER, J.:

This action was brought by the plaintiff, as adminis-*304tratrix of the estate of Joseph S. Pool, deceased, to recover damage for the alleged negligent killing of Joseph S. Pool while repairing a car in defendant's yard at Ogden, Utah, September 12, 1888. The action was tried with a jury in the first district court at Ogden, April 4, 1890, and a verdict rendered in favor of plaintiff for the sum of $10,000. This defendant assigns as error: (1) Contributory negligence on the part of the deceased, Joseph S. Pool; (2) that Switchman Kilpatrick was a fellow-servant of deceased, and his…

2Cases cited19 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. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  4. Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
  5. Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888

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

3Cited by12 opinions

  1. Southern Pacific Co. v. PoolSupreme Court of the United States · 1896
  2. Jones v. CarvellUtah Supreme Court · 1982
  3. In RE BEHM'S ESTATE. BEHM v. GeeUtah Supreme Court · 1950
  4. Pool v. Southern Pacific Co.Utah Supreme Court · 1899
  5. Evans v. Oregon Short Line RailroadUtah Supreme Court · 1910

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

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