Whalen v. Union Pacific Coal Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Thomas A. Whalen, administrator, against the Union Pfcific Coal Company. Judgment for plaintiff. Defendant appeals.
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Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Thomas A. Whalen, administrator, against the Union Pfcific Coal Company. Judgment for plaintiff. Defendant appeals. STATEMENT OE FACTS This is an action by Thomas A. Whalen, as administrator of the estate of Pero Vueovich, against the Union Pacific Coal Company, a Wyoming corporation, hereinafter referred to as company, to recover damages for the death of Vueovich alleged to have been caused by the negligence of the company. A trial was had to a jury in the district court of Weber County, which resulted in a…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
The alleged negligence pleaded in the complaint is: (1) That the company maintained unguarded and uninsulated the trolley wire mentioned in the foregoing statement of facts “at a distance of only about five feet and seven inches perpendicularly above, and only about fourteen inches horizontally outside of and away from, said tracks”; (2) that it “failed to maintain a watchman to warn said employees when the current was on the wire, and inform them when it was safe to board the man trip”; (3) that it failed and neglected to turn off the current of electricity…
2Cases cited9 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
- Commonwealth Electric Co. v. MelvilleIllinois Supreme Court · 1904
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Bunker v. Union Pacific RailroadUtah Supreme Court · 1911
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3Cited by2 opinions
- Great Southern Lumber Co. v. HamiltonMississippi Supreme Court · 1924
- Kaumans v. White Star Gas & Oil Co.Utah Supreme Court · 1936