White v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. Hon. A. N. Cherry, Judge. Action to recover damages for the death of plaintiff’s son, caused by the negligence of defendant company. At the close of plaintiff’s testimony a non-suit was granted. From such judgment of non-suit plaintiffs appealed.
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Appeal from the Third District Court, Salt Lake County. Hon. A. N. Cherry, Judge. Action to recover damages for the death of plaintiff’s son, caused by the negligence of defendant company. At the close of plaintiff’s testimony a non-suit was granted. From such judgment of non-suit plaintiffs appealed. The court erred in sustaining the defendant’s motion for non suit in this • That the particular grounds on which the motion was made was not sufficiently called to the attention of the trial judge and of the plaintiffs at the time the motion was made, and was insufficient to raise any question…
1Opinion of the CourtBaskin, J.
This is an action in which the plaintiffs seek to recover damages for the death of their son Thomas F. White, *140•alleged to have been caused by the negligence of the defendant company. At the close of the testimony offered by plaintiffs, on motion of defendant, a non-suit was granted. The following is the only ground stated in the motion, to-wit: “There is no evidence to show negligence towards Thomas F. White, deceased, for which an action will lie against defendant in favor of plaintiffs or either of them.”
Among the assignments of error by the appellant, is the following: “The court erred in…
2Cases cited8 opinions
- Flynn v. DoughertyCalifornia Supreme Court · 1891
- McIntyre v. Ajax Mining Co.Utah Supreme Court · 1899
- Pratt v. Dwelling House Mutual Fire InsuranceNew York Court of Appeals · 1891
- Isham v. . DavidsonNew York Court of Appeals · 1873
- Adams v. . Greenwich Insurance Co.New York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Merrill v. Fremont Abstract Co.Idaho Supreme Court · 1924
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
- Idaho Mercantile Co. v. KalanquinIdaho Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.