Corbett v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the Fifth, District Court, Juab County. — Mon. Thomas Marioneaux, Judge. Action to recover for the negligent hilling of -the plaintiff’s infant daughter at Mammoth in Juab county. From a judgment in favor of the plaintiff, the defendant appealed. Contributory negligence was not pleaded in the answer as a special defense.
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Appeal from the Fifth, District Court, Juab County. — Mon. Thomas Marioneaux, Judge. Action to recover for the negligent hilling of -the plaintiff’s infant daughter at Mammoth in Juab county. From a judgment in favor of the plaintiff, the defendant appealed. Contributory negligence was not pleaded in the answer as a special defense. The appellant submits that the rule established by this court in Bunnell v. Railway Co., 13 Utah 314, and Clark v. Railroad Co., 20 Utah 401, and by the general law is, that if it appear from the plaintiff’s own testimony, that he was guilty of negligence which…
1Opinion of the Court
HART, District Judge,
after stating the facts, rendered the opinion of the court.
Defendant excepts to the refusal of the court to- give its request to instruct as follows: “I charge you that in this Case, even though you find from the evidence that the defendant was negligent in the operation of the engine which caused the injury, and you further find that the parents, or *453either of them, of the deceased child, were also guilty of negligence in permitting it to go unattended upon the railroad track, and that such negligence on the part of the parents, or either of them, contributed to bringing…
2Cases cited14 opinions
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Lange v. SchoettlerCalifornia Supreme Court · 1896
- Young v. ClarkUtah Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Behrens v. Raleigh Hills Hospital, Inc.Utah Supreme Court · 1983
- Allen v. United StatesDistrict Court, D. Utah · 1984
- Jones v. CarvellUtah Supreme Court · 1982
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.