Higgins v. Southern Pacific Co.
Utah Supreme Court
Appeal from the Second District Court, Weber County. —Eon. H. H. Bolapp, Judge. Action to recover for a personal injury alleged to have been caused by the negligence of the defendant. Prom a judgment in favor of the defendant, the plaintiff appealed.
1Opinion of the CourtBaskin, C. J.
The plaintiff seeks to recover for a personal injury claimed to have been caused by the negligence of the defendant. The answer denies the negligence charged, and alleges the contributory negligence and assumed risk of the plaintiff.
The plaintiff was a witness in bis own behalf, and testified, in substance, that be was, and for a year bad been, in the service of the defendant, employed in painting box cars; that on the morning of bis alleged injuries, having been informed that some work was required to be done on a certain car standing upon a track of the company, be selected from a lot of…
2Cases cited4 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- Borden v. Daisy Roller Mill Co.Wisconsin Supreme Court · 1898
3Cited by5 opinions
- Dunn v. Oregon Short Line RailroadUtah Supreme Court · 1905
- Grandin v. Southern Pac. Co.Utah Supreme Court · 1906
- Smith v. Centennial Eureka Mining Co.Utah Supreme Court · 1904
- Swift & Co. v. SchusterCourt of Appeals for the Tenth Circuit · 1952
- Swift & Co. v. SchusterCourt of Appeals for the Tenth Circuit · 1952