Edd v. Union Pacific Coal Co.
Utah Supreme Court
Appeal from the Second District Court, Weber County.— Hon. Henry H. Rolapp, Judge. Action to- recover damages for personal injuries alleged to have been received through the negligence of the defendant. From a judgment in favor of the defendant, the plaintiff appealed. STATEMENT OK EAOTS. This is an action to recover damages for personal injuries alleged to have been received through the negligence of the defendant.
Read the full summary
Appeal from the Second District Court, Weber County.— Hon. Henry H. Rolapp, Judge. Action to- recover damages for personal injuries alleged to have been received through the negligence of the defendant. From a judgment in favor of the defendant, the plaintiff appealed. STATEMENT OK EAOTS. This is an action to recover damages for personal injuries alleged to have been received through the negligence of the defendant. The essential allegations of the complaint, in substance, are that on May 15, 1901, the plaintiff was in the employ of the defendant as a pumpman; that his duties required him to…
1Opinion of the CourtBartch, J.
The appellant insists that the court erred in refusing to give his request to charge the jury, as follows: “The negligence of the master need not be the sole efficient cause 1 of the injury, if it contributed with other things to cause the injury to the plaintiff, or if it appears that some cause operated with the negligence of the defendant in producing the injury without fault upon the part of the plaintiff, the defendant would be liable; and this is so whether the other efficient cause was a guilty or innocent one.” The contention of counsel for the appellant as to this request is not…
2Cases cited4 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Peay v. Salt Lake CityUtah Supreme Court · 1895
- Coates v. Union Pacific RailroadUtah Supreme Court · 1902
- Ohlenkamp v. Union Pacific RailroadUtah Supreme Court · 1902
3Cited by3 opinions
- GeoMetWatch v. BehuninCourt of Appeals for the Tenth Circuit · 2022
- Tremelling v. Southern Pacific Co.Utah Supreme Court · 1917
- Sagers v. International Smelting Co.Utah Supreme Court · 1917