Legal Opinion

Chipman ex rel. Chipman v. Union Pacific Railroad

Utah Supreme Court

Decided August 31, 1895No. 594PublishedCited by 5 opinions

Appeal from the District Court of the First Judicial ■District. Hon. H. W. Smith, Judge. Action by Sarah E. Ohipman, an infant, by John I. Ohipman, her guardian ad litem, against the Union Pacific Railway Company and 'the Utah Northern & Oregon Short-Line Railway Company. From a judgment for plaintiff, ■defendants appeal.

1Opinion of the Court

Merritt, C.’ J.:

This action was brought to recover damages for injuries sustained by plaintiff by reason of being run over by the train of the defendant companies, and having her foot .severed at. the ankle. The testimony showed that the plaintiff, at the time of the injury complained of, was .about three years old; that on the day of the accident she went on the highway. In playing about the track, or .attempting to cross it, the plaintiff’s foot caught between the rail and a plank forming a part of the road crossing. The train was a passenger train running on regular *70schedule time. The…

2Cited by5 opinions

  1. Omaha Street Railway Co. v. LarsonNebraska Supreme Court · 1903
  2. Johnson v. Union Pacific RailroadUtah Supreme Court · 1909
  3. Payne v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1911
  4. Colorado & Southern Railway Co. v. WebbSupreme Court of Colorado · 1906
  5. Hays v. United Railways Co.Missouri Court of Appeals · 1914

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