Jensen v. Denver & Rio Grande Ry. Co.
Utah Supreme Court
Appeai, from District Court, Third District; Hon. C. W. Morse, Judge. Action by John Jensen against the Denver & Rio Grande Railroad Company. • Judgment for plaintiff. Defendant appeals. RESPONDENT'S POINTS. Appellant’s track through block eighty-one, where the boy was killed, was notoriously, and constantly used by the people of the neighborhood as a public thoroughfare, of which fact appellant’s trainmen were well aware. The boy was a licensee, and not a trespasser.
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Appeai, from District Court, Third District; Hon. C. W. Morse, Judge. Action by John Jensen against the Denver & Rio Grande Railroad Company. • Judgment for plaintiff. Defendant appeals. RESPONDENT'S POINTS. Appellant’s track through block eighty-one, where the boy was killed, was notoriously, and constantly used by the people of the neighborhood as a public thoroughfare, of which fact appellant’s trainmen were well aware. The boy was a licensee, and not a trespasser. Appellant owed him, practically, the same duties as though the injury occurred at a public-street crossing. (Tealcle v. By.,…
1Opinion of the Court
STRAUP, j:
The plaintiff brought this action to recover damages for the death of his son, fourteen years of age, alleged to have been caused by the defendant’s negligence. The plaintiff had judgment. The defendant appeals.
The accident occurred within the corporate limits of Salt Labe City. An ordinance forbade the operation of ears at a speed greater than twelve miles an hour, and required a continuous ringing of the bell on engines in motion. There were two parallel tracks, one the defendant’s, the other the Western Pacific Railway Company’s, running in an easterly and a westerly direction.…
2Cases cited13 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Chicago & Alton Railroad v. SandersIllinois Supreme Court · 1895
- Gilbert v. Erie R. Co.Court of Appeals for the Sixth Circuit · 1899
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
- Louisville, New Albany & Chicago Railway Co. v. PatchenIllinois Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- First Security Bank of Utah, N.A. v. J.B.J. Feedyards, Inc.Utah Supreme Court · 1982
- Pauly v. McCarthyUtah Supreme Court · 1947
- Falkenberg v. NeffUtah Supreme Court · 1928
- Duffy v. Union Pac. R. Co.Utah Supreme Court · 1950
- Geary v. CainUtah Supreme Court · 1927
35 more not listed; retrieve them via the Exa API.