Morgan v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the First District Court, Box Elder County. — Hon. G. H. Hart, Judge. Action to recover damages for tlie death, of plaintiff’s son alleged to have been caused by the negligence of defendant. From a judgment m favor of the plaintiff, the defendant appealed. Under the facts, the plaintiff’s son was of course a trespasser, to whom the railroad company owed no positive duty and would only he liable for a wanton, willful or intentional injury. Ill. Cent.
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Appeal from the First District Court, Box Elder County. — Hon. G. H. Hart, Judge. Action to recover damages for tlie death, of plaintiff’s son alleged to have been caused by the negligence of defendant. From a judgment m favor of the plaintiff, the defendant appealed. Under the facts, the plaintiff’s son was of course a trespasser, to whom the railroad company owed no positive duty and would only he liable for a wanton, willful or intentional injury. Ill. Cent. R. R. v. King, 179 Ill. 91, 70 Am. St. 93; Richmond & D. R. R. Co. v. Bumsed, 70 Miss. 437, 35 Am. St. 656; Bess v. Chesapeake & Ohio…
1Opinion of the CourtBartch, J.
1 The question to be considered upon this appeal are presented through ai bill of exceptions and the respondent has interposed a motion to strike out the bill upon the ground that the same was not served upon counsel for the plaintiff within thirty days from the time of the overruling of the motion for a new trial, as provided by statute. Section 3286, Rev. St. 1898. It is insisted that the court had no authority to settle and allow the bill, and relieve the appellant from the consequences of its failure to serve the bill in time, the same not having been served until 32 days after overruling…
2Cases cited8 opinions
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Illinois Central Railroad v. KingIllinois Supreme Court · 1899
- Planz v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Bess v. Chesapeake & Ohio RailroadWest Virginia Supreme Court · 1891
- Railroad v. MeachamTennessee Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1909
- George B. Leavitt Co. v. CouturierUtah Supreme Court · 1933
- Báez García v. TrifonaSupreme Court of Puerto Rico · 1940
- Findlay v. National Union Indemnity Co.Utah Supreme Court · 1934
- Independent Gas & Oil Co. v. Beneficial Oil Co.Utah Supreme Court · 1928
10 more not listed; retrieve them via the Exa API.