Coates v. Union Pacific Railroad
Utah Supreme Court
Appeal from the Third District Court, Summit County. — IIon. A. G. Norrell, Judge. Action to recover for injuries alleged to have been caused by the negligence of the defendant company. From a judgment in favor of the plaintiff for $15,000, the defendant appealed. The signals required to be given at- highway crossings, are for the exclusive benefit of persons, traveling on the highway and about to cross the railway tract.
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Appeal from the Third District Court, Summit County. — IIon. A. G. Norrell, Judge. Action to recover for injuries alleged to have been caused by the negligence of the defendant company. From a judgment in favor of the plaintiff for $15,000, the defendant appealed. The signals required to be given at- highway crossings, are for the exclusive benefit of persons, traveling on the highway and about to cross the railway tract. Rotfer on Railroads, 1004, 1006, 1015; Thompson, Negligence, 452, note 3; Ill. Gen. R. R. Co. v. Phelps, 29 Ill. 447; Bell v. Hannibal etc. R. R. Co., 72 Mo. 50; Holmes v.…
1Opinion of the CourtBaskin, J.
This is an action in which the respondent seeks to recover for injuries alleged to have been caused by the negligence of the appellant. The answer denies the alleged negligence, and alleges that “whatever injury the respondent did sustain was caused by his own carelessness.” The sixth instruction given by the court is as follows: “The jury are instructed that, even if they find from the evidence that the plaintiff was guilty of negligence which contributed to the injuries he complains of, yet he would be entitled to recover against the defendant if the jury should further find that the…
Also in this document: Concurrence.
2Cases cited14 opinions
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Johnson v. McKeeMichigan Supreme Court · 1873
- People v. CochranCalifornia Supreme Court · 1882
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3Cited by2 opinions
- Pulos v. Denver & Rio Grande RailroadUtah Supreme Court · 1910
- Edd v. Union Pacific Coal Co.Utah Supreme Court · 1903