Thompson v. Salt Lake Rapid Transit Co.
Utah Supreme Court
Appeal from the Third district court, Salt Lake county.. A. N. Cherry, Judge. Action by Joseph M. Thompson against the Salt Lake-Rapid-Transit Company. Plaintiff had judgment, and defendant appeals. This action was brought to recover damages for negligently causing the death of the plaintiff’s son.
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Appeal from the Third district court, Salt Lake county.. A. N. Cherry, Judge. Action by Joseph M. Thompson against the Salt Lake-Rapid-Transit Company. Plaintiff had judgment, and defendant appeals. This action was brought to recover damages for negligently causing the death of the plaintiff’s son. The complaint charges that the defendant negligently and carelessly failed to have its cars supplied with suitable brakes,, switches, and motors, and that by reason thereof, and of the negligent and careless operation of its car, it was driven on and over the plaintiff’s son, a minor child of 15…
1Opinion of the Court
Miner, J
(after stating tbe facts):
Tbe court submitted tbe question of tbe negligence of tbe defendant, tbe contributory negligence of tbe deceased, in connection with bis age, capacity, and condition under tbe circumstances, and tbe condition of tbe car, to tbe jury. Tbe court instructed tbe jury, among other things, that “eren though you believed tbe son of tbe plaintiff was guilty of contributory negligence by crossing tbe track without observing whether or not tbe cars were running thereon and in operation, or by any other act, and that, if be bad been free from such contributory…
2Cases cited3 opinions
- Hall v. Ogden City Street Railway Co.Utah Supreme Court · 1896
- Dederichs v. Salt Lake City RailroadUtah Supreme Court · 1896
- Penny v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by24 opinions
- Fairport, Painesville & Eastern Railroad v. MeredithSupreme Court of the United States · 1934
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Davis v. Arkansas Southern R.Supreme Court of Louisiana · 1906
- State v. AnthonyOregon Supreme Court · 1946
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