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.
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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…
1DissentBartch, C. J.
In my judgment this is a case where tbe plaintiff's own negligence was a proximate cause of the injury, and one in' which no right of recovery has been shown to exist. Tbe place or yard where tbe accident happened was level, and tbe *416ground was solid. Tbe engine was switching, and bad passed in front of tbe borses but a few minutes before, and was all tbe while in plain view of tbe complainant. It is idle to say that he was not aware it would be likely to come back shortly. To tbe north, tbe direction in which the plaintiff had to go with his load, the yard, was open, clear, and unobstructed.…
2Cases cited1 opinion
- Wells v. Utah Construction Co.Utah Supreme Court · 1904