Denkers v. Southern Pacific Co.
Utah Supreme Court
Appeal from the -District Court of Weber County., Second District; Hon. N. J. Harris, Judge. Action by Herman B. Denkers against the Southern Pacific Company and -others. Judgment for plaintiff. Defendant appeals. STATEMENT OF FACTS. Plaintiff brought this action to recover damages for personal injuries which he alleges he sustained because of the negligence of the defendants. The cause was tried to a jury, who returned a verdict in favor of plaintiff.
Read the full summary
Appeal from the -District Court of Weber County., Second District; Hon. N. J. Harris, Judge. Action by Herman B. Denkers against the Southern Pacific Company and -others. Judgment for plaintiff. Defendant appeals. STATEMENT OF FACTS. Plaintiff brought this action to recover damages for personal injuries which he alleges he sustained because of the negligence of the defendants. The cause was tried to a jury, who returned a verdict in favor of plaintiff. To reverse the judgment entered on the verdict defendants have prosecuted this appeal. It is alleged in the complaint, and admitted in the…
1ConcurrenceFrick, C. J.
I concur in the affirmance of the judgment. I, however, cannot concur with what is said by Mr. Justice McCARTY respecting the court’s instruction to the jury upon the subject of railroad crossings. Upon that subject the court charged the jury in the language quoted by my Associate. The statute merely requires the appellants “to make and maintain a good and sufficient crossing,” leaving it to them to select the material and to determine the manner of its construction. The statute is therefore merely declaratory of the common law. The duty imposed upon railroad companies in this state,…
2Cases cited4 opinions
- Raper v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
- Scanlan v. City of BostonMassachusetts Supreme Judicial Court · 1885
- Hogue v. Chicago & A. R.U.S. Circuit Court for the District of Eastern Missouri · 1887
- Logan v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1907