Kent v. Ogden, L. & I. Ry. Co.
Utah Supreme Court
Appeal from District Court, First District; Hon. J. D. Call, Judge. Action by Joseph B. Kent and others against the Ogden, Logan & Idaho Railway Company. Judgment for plaintiffs. Defendant appeals. APPELLANT ’S POINTS The pleader must allege in his complaint the acts or omissions of .the defendant upon which he bases his right to recovery, and show that they occurred through or by the negligence of the defendant.
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Appeal from District Court, First District; Hon. J. D. Call, Judge. Action by Joseph B. Kent and others against the Ogden, Logan & Idaho Railway Company. Judgment for plaintiffs. Defendant appeals. APPELLANT ’S POINTS The pleader must allege in his complaint the acts or omissions of .the defendant upon which he bases his right to recovery, and show that they occurred through or by the negligence of the defendant. It is not sufficient that the acts alone be stated, or that a general statement of negligence be alleged. The facts must be alleged, and it must be alleged that these facts…
1Opinion of the CourtFrick, C. J.
The plaintiffs recovered judgment against the defendant for damages for the death of one Mary Eveline Kent, wife of the plaintiff Joseph B. Kent and mother of the other plaintiffs named in the caption. The defendant appeals from the judgment. The principal errors assigned are, that the evidence fails to show negligence on the part of the defendant, and that the evidence conclusively shows that the deceased was guilty of contributory negligence as a matter of law, and that therefore the court erred in refusing to sustain defendant’s motion for a nonsuit and also in refusing to direct a verdict…
2Cases cited7 opinions
- Newton v. Oregon Short Line RailroadUtah Supreme Court · 1913
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Bates v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1911
- Oswald v. Utah Light & Railway Co.Utah Supreme Court · 1911
- Pratt v. Utah Light & Railway Co.Utah Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Richard's EstateUtah Supreme Court · 1956
- Compton v. Ogden Union Ry. & Depot Co.Utah Supreme Court · 1951
- Cottrell v. Grand Union Tea CompanyUtah Supreme Court · 1956
- Malizia v. Oregon Short Line R.Utah Supreme Court · 1918
- Jensen v. Oregon Short Line R.Utah Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.