Spiking v. Consolidated Ry. & Power Co.
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritch-ie, Judge. Action by Emeline Spiking and others against the Consolidated Railway & Power Company and another. Judgment for plaintiffs, and defendants appeal. APPELLANT^ POINTS.
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Appeal from District Court, Third District; M. L. Ritch-ie, Judge. Action by Emeline Spiking and others against the Consolidated Railway & Power Company and another. Judgment for plaintiffs, and defendants appeal. APPELLANT^ POINTS. To say, or to prove, that a man is ordinarily cautious and careful, constitutes no evidence whatever that at a particular time he was not negligent, because one may be ordinarily both cautious and prudent, and upon a' given occasion fail to be either. Evidence, therefore, that either the plaintiff or the defendant was ordinarily of careful or cautious habits is…
1Opinion of the CourtFrion, J.
This is an action for damages for personal injuries resulting in death. The plaintiffs, respondents in this court, are tbe widow and minor children of the deceased, Thomas W. Spiking, who, in August, 1902, was fatally injured by a street car while attempting to cross the street railway tracks on one of the streets in Salt Lake City. The acts of negligence charged against the defendants, appellants here, are: The omission to sound a gong or ring a bell, or to give any warning of the approaching car; the omission to have the headlight on the car lighted, and in omitting to have any lights on…
2Cases cited34 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co v. WynantIndiana Supreme Court · 1893
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Newark Passenger Railway Co. v. BlockSupreme Court of New Jersey · 1893
29 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Allen v. United StatesDistrict Court, D. Utah · 1984
- International-Great Northern R. v. AckerCourt of Appeals of Texas · 1939
- Brooks v. United StatesDistrict Court, D. South Carolina · 1967
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
26 more not listed; retrieve them via the Exa API.