Hickey v. Rio Grande Western Ry. Co.
Utah Supreme Court
Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Daniel Hickey against the Eio Grande Western Railway Company. From a judgment for plaintiff, defen-' dant appeals. APPELLANT'S POINTS. The evidence does not show that defendant was guilty of any negligence. The rule is that where horses are frightened by noise incident to the use of engines that the railroad company is not liable, unless the noise was both unnecessary and unusual.
Read the full summary
Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Daniel Hickey against the Eio Grande Western Railway Company. From a judgment for plaintiff, defen-' dant appeals. APPELLANT'S POINTS. The evidence does not show that defendant was guilty of any negligence. The rule is that where horses are frightened by noise incident to the use of engines that the railroad company is not liable, unless the noise was both unnecessary and unusual. It is a matter of common knowledge that the exhausting of steam from an engine is something frequently accompanying its movement, and it…
1Opinion of the CourtStraup, J.
1. This is an action for personal injuries. The substance of the complaint is that appellant unnecessarily, negligently, and wantonly permitted steam to escape from one of its engines in its freight yard, where the respondent was engaged in unloading stoves from a box car onto a dray, thereby frightening his team, and in failing to give signals or warning of the approach of the engine. A verdict was had in favor of respondent, and appellant appeals.
The material facts, as disclosed by the evidence of re-pondent, show: That there were a number of tracts in appellant’s freight yard at Salt Lake…
2Cases cited19 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- Toledo, Wabash & Western Railway Co. v. HarmonIllinois Supreme Court · 1868
- Rio Grande Western Railway Co. v. LeakSupreme Court of the United States · 1896
- Harper v. State ex rel. AdamsonIndiana Supreme Court · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bills v. Salt Lake CityUtah Supreme Court · 1910
- John Ainsfield Co. v. RasmussenUtah Supreme Court · 1906
- Speight v. Rocky Mountain Bell Telephone Co.Utah Supreme Court · 1909
- Speight v. Rocky Mountain Bell Telephone Co.Utah Supreme Court · 1909