Rio Grande Western Railway Co. v. Leak
Supreme Court of the United States
EEEOB TO THE SÜPBEME COÜBT OF THE TEEEXTOET OF UTAH. Tms writ of error brought up for review a judgment of the Supreme Court of the Territory of Utah, affirming a judgment of the District Court of the Third Judicial District in that Territory in favor of the defendant in error, based upon the verdict of a jury against the Bio Grande Western Bail-way Company for the sum of $13,370. It is averred in the complaint'that on or about the 11th day of July, 1891, the plaintiff leak…
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EEEOB TO THE SÜPBEME COÜBT OF THE TEEEXTOET OF UTAH. Tms writ of error brought up for review a judgment of the Supreme Court of the Territory of Utah, affirming a judgment of the District Court of the Third Judicial District in that Territory in favor of the defendant in error, based upon the verdict of a jury against the Bio Grande Western Bail-way Company for the sum of $13,370. It is averred in the complaint'that on or about the 11th day of July, 1891, the plaintiff leak was engaged in his business of hauling ore to cars of the defendant situated on its track, and was travelling with his…
1Opinion of the Court
He. Justice Hablan,
after stating the case, delivered the opinion of the court.
1. At the trial the defendant asked the court to instruct the jury that “it was the duty of the plaintiff before he crossed the line of defendant’s railway, or approached it so closely that he might be injured by cars passing thereon, to look and listen up and down the track for approaching cars, and if he failed to so look and listen just prior to and up to the time of the accident, and if by so doing he could have discovered the approaching cars in time to have avoided the accident, his failure to so look and…
2Cases cited1 opinion
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
3Cited by27 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Perovich v. United StatesSupreme Court of the United States · 1907
- Systems Incorporated, a Florida Corporation, Plaintiff-Respondent v. Bridge Electronics Company, Inc., a New Jersey CorporationCourt of Appeals for the Third Circuit · 1964
- Spurr v. United StatesCourt of Appeals for the Sixth Circuit · 1898
- Chicago, Rock Island & Pacific Railway Company, a Corporation v. Raymond C. KiferCourt of Appeals for the Tenth Circuit · 1954
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