Davis v. Oregon Short Line R.
Utah Supreme Court
Appeal from District Court, Third District; T. D. Lewis, Judge. Action by William H. Davis against the Oregon Short Line Railroad Company. Judgment for plaintiff. Defendant appeals. STATEMENT OF FACTS.
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Appeal from District Court, Third District; T. D. Lewis, Judge. Action by William H. Davis against the Oregon Short Line Railroad Company. Judgment for plaintiff. Defendant appeals. STATEMENT OF FACTS. Plaintiff brought this action to recover damages for personal injuries alleged to have been sustained by him on the night of February 13, 1904, at the town of Kemmerer, in the state of Wyoming, while he was driving in a bobsleigh drawn by two horses along a highway which passed through said Kemmerer and on to the towns of Diamondville and North Kemmerer. The complaint alleges that about…
1Opinion of the CourtMcCAETT, C. J.
(after stating the facts). Morgan Jenkins, who assisted plaintiff from under the bobsleigh at the time of the accident, was called as a-witness *312by plaintiff, and testified that on the night in question “the wheels of the car were three or four feet from the bank.” He further testified that, “subsequently, in daylight, about three or four days after this accident, ‘I came along there.” He was then asked: “Could you see marks of the car wheels across the road then ?” To this question defendant interposed an objection, on the ground that it was irrelevant, immaterial, and too remote. The…
2Cases cited5 opinions
- Parker v. Boston & Hingham Steamboat Co.Massachusetts Supreme Judicial Court · 1872
- Robinson v. Exempt Fire Co.California Supreme Court · 1894
- West Chicago Street Railway Co. v. FishmanIllinois Supreme Court · 1897
- Baltimore & O. R. v. RamboCourt of Appeals for the Sixth Circuit · 1893
- Silcock v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
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