Dunn v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the First District Court, Box Elder County. — How. G. H. Hart, Judge. * Action to recover damages for personal injuries. From a judgment in favor of the plaintiff the defendant appealed. STATEMENT OF FACTS. In this suit the plaintiff seeks to recover damages for personal injuries which he claims he received through the negligence of the defendant.
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Appeal from the First District Court, Box Elder County. — How. G. H. Hart, Judge. * Action to recover damages for personal injuries. From a judgment in favor of the plaintiff the defendant appealed. STATEMENT OF FACTS. In this suit the plaintiff seeks to recover damages for personal injuries which he claims he received through the negligence of the defendant. The answer denies the negligence charged, and alleges contributory negligence and assumed risk on the part of the plaintiff. As a witness in his own behalf, the plaintiff, among other things, testified, in substance, that on the morning…
1DissentStraup, J.
(dissenting). — I cannot concur in the opinion of the Chief Justice. I do not agree with the statement in the opinion that the platform was constructed “by the men who were to load the car, for their own convenience, out of material not furnished by the company for said purpose. It was only a temporary thing of their own invention to enable them to perform their work more easily.” The record, without conflict, shows that the platform was constructed under the immediate and personal direction of appellant’s foreman, and for the purpose of enabling the men to load the ties. This foreman had…
2Cases cited9 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Ohio & Mississippi Railway Co. v. PearcyIndiana Supreme Court · 1891
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Faulkner v. Mammoth Mining Co.Utah Supreme Court · 1901
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