Derrick v. Salt Lake & Ogden Ry. Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Alfred S. Derrick against the Salt Lake & Ogden Railway Company. Judgment in part for plaintiff. Defendant appeals. STATEMENT OF FACTS Plaintiff brought this action to recover from defendant damages alleged to have been sustained because of its negligence.
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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Alfred S. Derrick against the Salt Lake & Ogden Railway Company. Judgment in part for plaintiff. Defendant appeals. STATEMENT OF FACTS Plaintiff brought this action to recover from defendant damages alleged to have been sustained because of its negligence. The defendant, hereafter called company, is a Utah corporation, and, at the time of the acts of negligence alleged in the complaint, owned and maintained an electric interurban railway system between Salt Lake City and Ogden, Utah. The facts of the case as…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
The alleged acts of negligence upon which respondent bases his right to recover are summarized in his complaint as follows:
“(a) In running said train as it approached said crossing and onto said crossing at a high and dangerous rate of speed, to wit, at the rate of at least thirty-five miles per hour.
“ (b) In not giving'any warning or signal of the approach of said train to said crossing, either by bell or whistle or otherwise, until said train was almost upon said crossing and plaintiff was in a position of peril and it was impossible for either plaintiff…
2Cases cited2 opinions
- Atwood v. Utah Light & Railway Co.Utah Supreme Court · 1914
- Martindale v. Oregon Short Line R.Utah Supreme Court · 1916
3Cited by12 opinions
- Grubb v. Illinois Terminal Co.Illinois Supreme Court · 1937
- Fox v. LavenderUtah Supreme Court · 1936
- Coleman v. BentSupreme Court of Connecticut · 1924
- Kerstetter v. ElfmanSupreme Court of Pennsylvania · 1937
- Masterson v. LeonardWashington Supreme Court · 1921
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