Bankhead v. Union Pacific Railroad
Utah Supreme Court
Appeal from the Third Judicial District Court. The facts appear in the opinion of the court. The act of Utah Territory in reference to railroad companies provides that “it shall be the duty of any company operating lines of railroad in this Territory to make and maintain a good and sufficient fence on either or both sides of their entire railroad, where the lines run through lands which are now or hereafter may be inclosed or improved,” etc.
Read the full summary
Appeal from the Third Judicial District Court. The facts appear in the opinion of the court. The act of Utah Territory in reference to railroad companies provides that “it shall be the duty of any company operating lines of railroad in this Territory to make and maintain a good and sufficient fence on either or both sides of their entire railroad, where the lines run through lands which are now or hereafter may be inclosed or improved,” etc. C. L. Utah, § 35, p. 214. A person may use his own land where a railroad runs through it, and recover for injury to stock. Slier. & Red. on Neg. §§ 471,…
1Opinion of the CourtBoRemaN, J.
The District Court gave judgment against the plaintiff, and he has appealed.
In the court below the appellant filed a statement containing the evidence, and showing exceptions to the rulings of the court upon questions arising in the course of the trial- upon the introduction of evidence; but, beyond these exceptions, there was nothing in the nature of assignment of errors, or grounds upon which the appellant intended to rely on the appeal. The respondent objects to the cause being heard in this court upon the evidence, for the reason that there is no assign*510ment of errors, as required by…
2Cases cited2 opinions
- Hutton v. ReedCalifornia Supreme Court · 1864
- Barrett v. TewksburyCalifornia Supreme Court · 1860
3Cited by4 opinions
- Smith Table Co. v. MadsenUtah Supreme Court · 1906
- Mader v. TaylorUtah Supreme Court · 1897
- Sterling v. ParsonsUtah Supreme Court · 1893
- Smith Table Co. v. MadsenUtah Supreme Court · 1906