Hall v. Ogden City Street Railway Co.
Utah Supreme Court
Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. This case came up for trial on the 14th day of April, 1895. After plaintiff had introduced all his evidence, defendant’s counsel moved for a nonsuit on the ground that the evidence showed that the plaintiff was guilty , of contributory negligence, which caused the injury complained of. The motion was granted and an exception taken.
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Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. This case came up for trial on the 14th day of April, 1895. After plaintiff had introduced all his evidence, defendant’s counsel moved for a nonsuit on the ground that the evidence showed that the plaintiff was guilty , of contributory negligence, which caused the injury complained of. The motion was granted and an exception taken. Plaintiff had delivered a load of hay and returned to the public highway when the accident happened. His evidence upon cross-examination was taken as the…
1Opinion of the Court
Bartch, J.:
This suit was brought in consequence of alleged carelessness of the defendant company, which resulted in personal injury to the plaintiff. When the evidence had been introduced, the court granted a motion for a non-suit on the ground that the plaintiff was guilty of oon-tibutory negligence, and afterwards denied a motion for a new trial. These rulings are assigned as error on appeal. At the time of the accident the defendant was operating a street car railway in the city of Ogden, and the injury was caused on its line on Washington avenue where it intersects with First street. The…
2Cases cited22 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Chicago, Burlington & Quincy Railroad v. PerkinsIllinois Supreme Court · 1888
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3Cited by23 opinions
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Spiking v. Consolidated Ry. & Power Co.Utah Supreme Court · 1908
- Watts v. JensenCourt of Appeals for the Ninth Circuit · 1898
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Thompson v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1898
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