Cromeenes v. San Pedro, Los Angeles & Salt Lake Railroad
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by J. W. Cromeenes against the San Pedro, Los, Angeles & Salt Lake Railroad Company. * Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The appellant’s claim is that all the rulings of the trial court on the question of contributory negligence were wrong, for the reason that the deceased should have been held guilty of contributory negligence as a matter of law.
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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by J. W. Cromeenes against the San Pedro, Los, Angeles & Salt Lake Railroad Company. * Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The appellant’s claim is that all the rulings of the trial court on the question of contributory negligence were wrong, for the reason that the deceased should have been held guilty of contributory negligence as a matter of law. (Qesas v. O. S. L. B. B. Go., 33 Utah, 156, 93 Pac. 274; Cleveland, etc., B. B. Go. v. Tartb, 64 Fed. Pep. 831; Krenzer v. Pittsburg, etc., B.…
1Opinion of the CourtMcCARTY, J.
This action was brought to recover damages for the death of plaintiff’s son, who was run over and killed by a train of the defendant on Third West Street, in Salt Lake City, Utah, on May 22, 1907. The negligence alleged by plaintiff consisted in the failure of defendant to ring the bell on its locomotive in accordance with an ordinance of the city then in existence; to give any warning of the approach of the locomotive, which was being run at a high and dangerous rate of speed; and to keep a sufficient lookout for pedestrians. Defendant, in its answer, denied all the acts of negligence set…
2Cases cited32 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
27 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hoffman v. PalmerCourt of Appeals for the Second Circuit · 1942
- Newton v. Oregon Short Line RailroadUtah Supreme Court · 1913
- Peigh v. Baltimore & O. R. CoCourt of Appeals for the D.C. Circuit · 1953
- Toomer's Estate v. Union Pac. R. Co.Utah Supreme Court · 1951
- Southwestern Surety Ins. Co. v. OwensCourt of Appeals of Texas · 1917
17 more not listed; retrieve them via the Exa API.