Ohlenkamp v. Union Pacific Railroad
Utah Supreme Court
Appeal from tbe Second District Court, Weber County.— Hon. H. H. Rolapp, Judge. Action to recover damages for tbe death of plaintiff’s husband, alleged to have been caused by tbe negligence of tbe defendant in the operation of its railroad. Erom a judgment in favor of tbe plaintiff for $4,250, tbe defendant appealed.
Read the full summary
Appeal from tbe Second District Court, Weber County.— Hon. H. H. Rolapp, Judge. Action to recover damages for tbe death of plaintiff’s husband, alleged to have been caused by tbe negligence of tbe defendant in the operation of its railroad. Erom a judgment in favor of tbe plaintiff for $4,250, tbe defendant appealed. The verdict being unsustained by the evidence and proof, it should have been set aside by the court and a new trial granted, and the court will notice the evidence, and, finding there is no proof to sustain the material allegations of the complaint, is bound to reverse the case…
1Opinion of the CourtBartoh, J.
The appellant contends, inter alia, that the court erred in charging the jury as follows: “An employee of a railroad company assumes the ordinary risks incident to bis employment (but bis employer has no right by any act of bis to so increase those risks, without warning the employee, as to make the employment more dangerous than the employee would naturally expect; and if the employer does so act as to increase the hazard assumed by him, and by reason thereof, through no fault of bis own, the employee is injured, the employer is 1 liable).” We are of the opinion that this portion of the…
2Cases cited2 opinions
- Peay v. Salt Lake CityUtah Supreme Court · 1895
- Dan Hartog v. TibbittsUtah Supreme Court · 1876
3Cited by2 opinions
- Edd v. Union Pacific Coal Co.Utah Supreme Court · 1903
- Coates v. Union Pacific RailroadUtah Supreme Court · 1902