Legal Opinion

Jachetta v. San Pedro, Los Angeles & Salt Lake Railroad

Utah Supreme Court

Decided November 8, 1909No. 2025PublishedCited by 2 opinions

Appeal from District Court, Third District; Son. T. D. Lewisj Judge. Action by Nick Jachetta, by Raphael Jachetta, his guardian ad liíem, against the San Pedro, Los Angeles & Salt Lake Railroad Company. Judgment for plaintiff. Defendant appealed. APPELLANT'S POINTS. “Prima facie, all servants of a common master employed in running, operating and rendering service with a train of cars are fellow-servants.

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Appeal from District Court, Third District; Son. T. D. Lewisj Judge. Action by Nick Jachetta, by Raphael Jachetta, his guardian ad liíem, against the San Pedro, Los Angeles & Salt Lake Railroad Company. Judgment for plaintiff. Defendant appealed. APPELLANT'S POINTS. “Prima facie, all servants of a common master employed in running, operating and rendering service with a train of cars are fellow-servants. If there are facts which show that this relation does not really exist between all such servants the burden of showing such facts is on him who peeks to avail himself of the absence or…

1Opinion of the CourtMcCAKTY, J.

Plaintiff,1 Nick Jachetta, by his guardian ad litem, Raphael Jachetta, brought this action to recover damages for personal injuries sustained by plaintiff in a collision of a train of cars loaded with lumber and bridge timbers, upon which plaintiff was being carried, with two box cars which had been left standing upon defendant’s main line of rail*473road track. The complaint, among other things, alleges that defendant carelessly and negligently omitted to place any watchman or lookout upon the front of said train, and upon the forward flat car upon which plaintiff was being carried, and…

2Cases cited9 opinions

  1. Utah Mfrs.' Assn. v. StewartUtah Supreme Court · 1933
  2. Pool v. Southern Pacific Co.Utah Supreme Court · 1899
  3. Chicago & Alton Railroad v. KellyIllinois Supreme Court · 1889
  4. Daniels v. Union Pacific Railway Co.Utah Supreme Court · 1890
  5. Armstrong v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Utah School Boards Ass'n v. Utah State Board of EducationUtah Supreme Court · 2001
  2. Whalen v. Union Pacific Coal Co.Utah Supreme Court · 1917

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