Viallet v. Consolidated Ry. & Power Co.
Utah Supreme Court
Appeal from District Court, Salt Lake County; S. W, Stewart, Judge. Action by Louis Yiallet against tbe Consolidated Eailway & Power Company. Prom a judgment for defendant, plaintiff appeals. APPELLANT’S POINTS. Tbe TTtab court bas declared that it is only “where there is a total defect of evidence as to essential facts, a spark, scintilla, as it is termed, tbe case should be withdrawn from the jury.”
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Appeal from District Court, Salt Lake County; S. W, Stewart, Judge. Action by Louis Yiallet against tbe Consolidated Eailway & Power Company. Prom a judgment for defendant, plaintiff appeals. APPELLANT’S POINTS. Tbe TTtab court bas declared that it is only “where there is a total defect of evidence as to essential facts, a spark, scintilla, as it is termed, tbe case should be withdrawn from the jury.” In the same case the court further says: “To make out a proper case in all its parts then although it may in the opinion of the trial court be slight, inconclusive, and far from satisfactory,…
1Opinion of the Court
McCARTY, J.,
after stating the facts, deivered the opinion of the court.
As the record now stands the negligence of respondent must be conceded. Therefore, the only question before us is, was there sufficient evidence tending to show that the release in question was obtained under such circumstances as to make it fraudulent and void, to entitle the appellant to have the case submitted to a jury? We think this question must be answered in the affirmative.
When respondent’s physician took charge of appellant at the drug store soon after the accident occurred which caused his injuries, set and…
2Cases cited6 opinions
- Houston & Texas Central Railroad v. McCartyTexas Supreme Court · 1901
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
- Unruh v. LukensSupreme Court of Pennsylvania · 1895
- Eccles v. Union Pacific Railway Co.Utah Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Althoff v. TorrisonSupreme Court of Minnesota · 1918
- Prince v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1950
- Nelson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1910
- Associated Employers Lloyds v. AikenCourt of Appeals of Texas · 1947
- Clinton v. MillerSupreme Court of Oklahoma · 1919
6 more not listed; retrieve them via the Exa API.