Dempster v. Oregon Short Line Railroad

Defendant is a corporation organized and existing under the laws of the state of Utah. It is the owner of a line of railroad extending from the city of Ogden in that state, to the city of Butte, Montana, and is, and was at the time hereinafter mentioned, engaged in the business of a common carrier of freight and passengers between these points. On August 18, 1907, plaintiff was a passenger upon one of defendant’s regular passenger trains on his way to Salt Lake City, Utah. At a point some miles below Dillon, in Montana, the train ran into an open switch, and being thus deflected from the main…