Allen v. Logan City
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District, Hon. James A. Miner, Judge. Action by Edward 0. Allen against Logan City for •damages for personal injuries.
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Appeal from the District Court of the Fourth Judicial District, Hon. James A. Miner, Judge. Action by Edward 0. Allen against Logan City for •damages for personal injuries. From a judgment for plaintiff, defendant appeals. [ It may be noticed that the facts gleaned from the record by the court as expressed in its opinion and by Bartch, J., dissenting, are somewhat different. — Rep.J The injury which occurred was the mere result of an accident, and cannot in the light of this record be attributed to any act done, known or omitted, showing carelessness on the part of the appellant. Naylor v. G.…
1DissentBaetCH, J.
I do not agree with my brethren in the reversal of this case. The plaintiff was summoned'under the laws of this territory to work out his poll tax. He obeyed the summons, and placed himself in the hands of an officer who had charge of the work, willing to obey his directions. He assigned him to a dangerous position, where he had not been accustomed to work. He worked two half days, and on the third he was injured, without negligence on his part. He had never used giant powder, did not know the effects a shot would produce on the. bank, and had never been on top of the bank, and it was not his…
2Cases cited1 opinion
- Armstrong v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1893