Farnsworth v. Union Pac. Coal Co.
Utah Supreme Court
Appeal from District Court, Summit County; George G. Armstrong, Judge. Action by Don Farnsworth against the Union Pacific Coal Company. Judgment for plaintiff. Defendant appeals. RESPONDENT'S POINTS.
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Appeal from District Court, Summit County; George G. Armstrong, Judge. Action by Don Farnsworth against the Union Pacific Coal Company. Judgment for plaintiff. Defendant appeals. RESPONDENT'S POINTS. We contend that if the appellant proposes to rely in any case, at law or in equity, upon the claimed insufficiency of the evidence to justify the verdict, he must embody in his bill of exceptions a specification of the particulars in which the evidence is alleged to be insufficient. (Rule 26, Sup-. Ct. Utah, Sess. Laws 1903, p. 33; Van Pelt v. Park, 18 Utah 141; Canal Oo¡. v. Fdwards, 9 Utah 477;…
1Opinion of the CourtErice, J.
This is an action for damages for personal injuries sustained by respondent, arising out of alleged negligence on tbe part of appellant. Tbe alleged negligence consisted in, and tbe evidence tended to establish, that appellant permitted a projection of coal or rock to exist in and to' extend across tbe roof of tbe incline leading from the surface to tbe mine below, and in which appellant’s coal cars were being operated in transporting coal, as mined from tbe mine, to tbe surface above. Tbe incline was dark, and tbe cars were being operated at a speed stated to be from twenty to twenty-five…
2Cases cited19 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Interior Construction & Improvement Co. v. GibneySupreme Court of the United States · 1895
- Kenney v. GreerIllinois Supreme Court · 1851
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stone v. Union Pacific RailroadUtah Supreme Court · 1907
- Hansen v. Oregon Short Line R.Utah Supreme Court · 1920
- Smith v. Columbus Buggy Co.Utah Supreme Court · 1912
- Hansen v. MaussUtah Supreme Court · 1912
- McLaughlin v. Chief Consol. Mining Co.Utah Supreme Court · 1923
13 more not listed; retrieve them via the Exa API.