Fowler v. Union Portland Cement Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. George G. Armstrong, Judge. Action by Mary Fowler against tbe Union Portland Cement Company. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. . Proof of defect in an appliance in itself does not give a right of recovery. It must appear affirmatively that the defect alleged was the proximate cause of the- accident, and that the master w.as chargeable with knowledge of it. (.Moriariy v. 8chwarzschild, 133 Mo. App.
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Appeal from District Court, Third District; Hon. George G. Armstrong, Judge. Action by Mary Fowler against tbe Union Portland Cement Company. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. . Proof of defect in an appliance in itself does not give a right of recovery. It must appear affirmatively that the defect alleged was the proximate cause of the- accident, and that the master w.as chargeable with knowledge of it. (.Moriariy v. 8chwarzschild, 133 Mo. App. Ill, 112 S. W. 1034; 1 Labatt, sec. 128; Finn v. Oregon Water Power <& By Go., 93 Pac. 690; McGrath v. 8t. Louis Transit…
1Opinion of the CourtMcCARTY, J.
Plaintiff brought this action to recover damages from tbe defendant for tbe death of her husband, Ira A. Fowler, which resulted from injuries received February 24, 1909, through tbe falling of a steel truss which be and other employees of defendant were attempting to put in plafee at defendant’s cement plant near Devil’s Slide, Morgan County, Utah. *367Tbe truss referred to weighed about 4000 pounds, and at the time of the accident was being raised by means of a derrick over and upon which was operated the ordinary block and tackle, consisting of pulleys and wire cable. The upright pole or mast…
2Cases cited8 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Schoepper v. Hancock Chemical Co.Michigan Supreme Court · 1897
- Robinson v. Charles Wright & Co.Michigan Supreme Court · 1892
- Wabash Screen Door Co. v. BlackCourt of Appeals for the Sixth Circuit · 1903
- Illinois Central Railroad v. CatheyMississippi Supreme Court · 1892
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3Cited by3 opinions
- Toone v. J. P. O'neill Construction Co.Utah Supreme Court · 1912
- Kaumans v. White Star Gas & Oil Co.Utah Supreme Court · 1936
- Bakka v. Kemmerer Coal Co.Utah Supreme Court · 1913