Cromeenes v. San Pedro, Los Angeles & Salt Lake Railroad
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by J. W. Cromeenes against the San Pedro, Los, Angeles & Salt Lake Railroad Company. * Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The appellant’s claim is that all the rulings of the trial court on the question of contributory negligence were wrong, for the reason that the deceased should have been held guilty of contributory negligence as a matter of law.
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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by J. W. Cromeenes against the San Pedro, Los, Angeles & Salt Lake Railroad Company. * Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The appellant’s claim is that all the rulings of the trial court on the question of contributory negligence were wrong, for the reason that the deceased should have been held guilty of contributory negligence as a matter of law. (Qesas v. O. S. L. B. B. Go., 33 Utah, 156, 93 Pac. 274; Cleveland, etc., B. B. Go. v. Tartb, 64 Fed. Pep. 831; Krenzer v. Pittsburg, etc., B.…
1ConcurrenceStraup, C. J.
I concur in the result affirming the judgment. What principally causes our disagreement relates to the action of the court overrulling the objection to the question propounded to the witness McHugh. I think no error was committed in the ruling. McHugh was a brakeman on the train going north. He saw the train running south approaching the deceased. He saw the deceased walking toward and standing near the track. He Saw, what was apparent to any one seeing what he saw, the perilous situation of the deceased. He swung his arms and shouted to attract the attention of the engineer of the *498approaching…
2Cases cited18 opinions
- State v. SloanSupreme Court of Missouri · 1871
- People v. McArronMichigan Supreme Court · 1899
- Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1887
- Elledge v. Nat'l City & Otay Ry. Co.California Supreme Court · 1893
- Coll v. Easton Transit Co.Supreme Court of Pennsylvania · 1897
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