Nelson v. Southern Pacifc Co.
Utah Supreme Court
Appeal from the Second district court, Weber county. Hon. H. H. Eolapp, Judge. Action by Alfred H. Nelson, administrator of the estate of Charles A. Nelson, deceased, against the Southern Pacific Company. Judgment for plaintiff. Defendant appeals.
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Appeal from the Second district court, Weber county. Hon. H. H. Eolapp, Judge. Action by Alfred H. Nelson, administrator of the estate of Charles A. Nelson, deceased, against the Southern Pacific Company. Judgment for plaintiff. Defendant appeals. Plaintiff’s reckless disregard of all care and caution, and what is reasonably required of passengers on railroad trains, is further illustrated by the following cases: Brennan v. B. B. Oo., 45 Conn. 284; Willis v. Long Island B. B. Co., 34 N. T. 670; Hickey v. Boston, Bte., B. B. Co., 14 Allen 427; Wood’s Ry. Law, vol. 2, p. 1083 and cases •cited;…
1Opinion of the Court
Bartch, J.:
The plaintiff, as administrator, brought the action to recover damages for the death of Charles A. Nelson, alleged to have been caused by the negligence of the defendant in the operation of its railroad. The jury returned a verdict in favor of the plaintiff in the sum of $20,000, but the court afterwards, in deciding a motion for a new trial, determined to grant it unless a remittitur were filed which would reduce the amount to $15,000. The plaintiff then consented to file such remittitur,.and thereupon judgment was entered accordingly, and the motion overruled. This appeal is from…
2Cases cited4 opinions
- United States v. MacDanielSupreme Court of the United States · 1833
- Wootters v. KauffmanTexas Supreme Court · 1887
- White v. PeaseUtah Supreme Court · 1897
- Smith v. WrightNew York Supreme Court · 1803
3Cited by23 opinions
- Pauly v. McCarthyUtah Supreme Court · 1947
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
- Whittaker v. FergusonUtah Supreme Court · 1898
- Moulton v. StaatsUtah Supreme Court · 1933
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