Owens v. San Pedro, L. A. & S. L. R.
Utah Supreme Court
. Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Drank Owens against the San Pedro, Los Angeles & Salt Lake Railroad Company. Prom a judgment for defendant, plaintiff appeals. APPELLANTS POINTS.
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. Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Drank Owens against the San Pedro, Los Angeles & Salt Lake Railroad Company. Prom a judgment for defendant, plaintiff appeals. APPELLANTS POINTS. This court lias repeatedly announced tbe rule that a motion for a nonsuit must be denied if couched in suck general terms that it fails to afford the plaintiff an opportunity to supply evidence of any fact which it is necessary should be established in order to entitle him to recover. (Palmer v. Marys-ville Pern. Pub. Go., 99 Cal. 168; Franks v. Mining Go., 19 Utah 45;…
1Opinion of the CourtRitchie, District Judge
(after stating the facts).
The reasons urged by appellant for a reversal of the judgment are substantially two: (1) The injury was caused by an accident resulting from Barrett’s negligence, and he was a representative of the master, and not a fellow servant. (2) The court in directing a verdict failed to specify the particular grounds that would justify such action.
The accident which caused appellant’s injury occurred in the state of Nevada, and the fact is stipulated in the record *213tbat there is no statute in Nevada defining any doctrine relating to fellow servants, and that the common law…
2Cases cited7 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Callan v. BullCalifornia Supreme Court · 1896
- Hofnagle v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- McLaughlin v. Camden Iron WorksSupreme Court of New Jersey · 1897
- Cates v. ItnerSupreme Court of Georgia · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
- Sullivan v. Beneficial Life Ins. Co.Utah Supreme Court · 1937
- Russell v. Borden's Condensed Milk Co.Utah Supreme Court · 1918
- Jachetta v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1909
- Brimm v. JonesUtah Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.