Haun v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from tbe Tbird District Court Salt Lake County. Hon. A. N. Cherry, Judge. Action by plaintiff to recover damages for the killing of her husband alleged to have been caused by the negligence of defendant company. From a judgment for defendant plaintiff appealed. The court erred in sustaining defendant’s objection to the following question asked plaintiff’s witness, John Graham, on direct examination.
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Appeal from tbe Tbird District Court Salt Lake County. Hon. A. N. Cherry, Judge. Action by plaintiff to recover damages for the killing of her husband alleged to have been caused by the negligence of defendant company. From a judgment for defendant plaintiff appealed. The court erred in sustaining defendant’s objection to the following question asked plaintiff’s witness, John Graham, on direct examination. “Q. Were you in a position, Mr. Graham, that had the train whistled you could have heard it ? “It is a familiar practice to allow a witness, after he has described the situation, to state…
1Opinion of the CourtBaskin, J.
The plaintiff, who is the appellant, as administratrix of the estate of Charles Haun, deceased, instituted this suit to recover from the defendant corporation damages alleged to have been caused by the defendant in negligently and carelessly causing the death of said Charles Haun. Among the negligent acts alleged in the complaint are the following in substance: That the defendant, in violation of its duty, ran at a careless and negligent speed to wit, about fifty miles per hour, over the crossing of the public highway in the town of Murray, one of its trains, and. negligently, carlessly and…
2Cases cited32 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Lovejoy v. United StatesSupreme Court of the United States · 1888
- William H. Tracy and John B. Balestier, in Error v. Samuel SwartwoutSupreme Court of the United States · 1836
27 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- Babb v. StateArizona Supreme Court · 1917
- Beaman v. Martha Washington Mining Co.Utah Supreme Court · 1901
- Baltimore & Ohio R. R. v. HawkeSupreme Court of Delaware · 1928
- Whipple v. PreeceUtah Supreme Court · 1902
5 more not listed; retrieve them via the Exa API.