Williams v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the district court of- Weber County, Hon. H. H. Rolapp, Judge. Action by plaintiff against defendant to recover damages for personal injuries received by plaintiff while riding as a passenger upon defendant’s cars. From a judgment for plaintiff defendant appeals. The court erred in overruling defendant’s demurrer to the complaint.
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Appeal from the district court of- Weber County, Hon. H. H. Rolapp, Judge. Action by plaintiff against defendant to recover damages for personal injuries received by plaintiff while riding as a passenger upon defendant’s cars. From a judgment for plaintiff defendant appeals. The court erred in overruling defendant’s demurrer to the complaint. The demurrer was special and was aimed at the uncertainty of the complaint in the description of the injuries alleged to have been received by the plaintiff. The invariable rule of pleading is that it must be so definite and certain as to apprise the…
1Opinion of the CourtMiner, J.
This action was brought to recover damages for personal injuries received by plaintiff while riding as a passenger upon defendant’s cars near Malad Bridge, Idaho, on tbe 3d day of April, 1897.
*216The complaint charged, in substance, that while plaintiff was riding in defendant’s cars, as a passenger, the defendant carelessly and negligently operated and ran its train at a great and dangerous rate of speed over and upon a defective and inadequate railway track, roadbed and switch maintained by it, and by reason of such negligence and carelessness the train was wrecked, and the plaintiff was…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Railway Co. v. StevensSupreme Court of the United States · 1878
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Railway Co. v. WynnTennessee Supreme Court · 1890
- G., C. & S. F. R'y Co. v. McGownTexas Supreme Court · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Simmons v. Oregon RailroadOregon Supreme Court · 1902
- Harris v. City & Elm Grove RailroadWest Virginia Supreme Court · 1911
- Houtz v. Union Pac. R.Utah Supreme Court · 1908
11 more not listed; retrieve them via the Exa API.