Christienson v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the Fourth District Court, Utah County. —Hon. J. E. Booth, Judge. Action to recover damages alleged to have been caused by the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE EACTS. The plaintiff brought this action to recover damages for personal injuries which he alleges he received through the negligence of the defendant.
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Appeal from the Fourth District Court, Utah County. —Hon. J. E. Booth, Judge. Action to recover damages alleged to have been caused by the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE EACTS. The plaintiff brought this action to recover damages for personal injuries which he alleges he received through the negligence of the defendant. Prom the evidence it appears, substantially, that the plaintiff is 43 years of age, and for many years prior to and at the time of the accident which caused his injuries was in the employ of the…
1Opinion of the CourtBartch, J.
1 The appellant, in the first instance, insists that the court erred in denying the defendant’s motion for a nonsuit. The motion was based, inter alia, on the ground that the plaintiff, in entering upon the performance of the labor in which he was engaged at the time of the accident, assumed the risks of the injuries he sustained. It is urged that the undermining and consequent falling of the bank was a part of the employment, and that the company, under the circumstances, was not liable for injuries received by the employee from the falling earth. The respondent contends that the company was…
2Cases cited20 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Griffin v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1890
- G., H. & S. A. R'y Co. v. LempeTexas Supreme Court · 1883
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908
- Toone v. J. P. O'neill Construction Co.Utah Supreme Court · 1912
- Metallic Gold Mining Co. v. WatsonSupreme Court of Colorado · 1911
- Poorman Silver Mines of Colorado, Ltd. v. DevlingSupreme Court of Colorado · 1905
- Dunn v. Oregon Short Line RailroadUtah Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.