Legal Opinion

Paul v. Salt Lake City R.

Utah Supreme Court

Decided April 8, 1908No. 1892PublishedCited by 6 opinions

Appeal from District Court, Third District; T. D. Lewis, Judge. Personal injury action by Louisa B. Paul against the Salt Lake City Railroad Company. Judgment for defendant and plaintiff appeals. APPELLANTS POINTS. Pailnre to give proper instructions requested is ground for new trial. (Playne, New Trial, secs. 120-124; People v. Hamilton, 4 Utah 263; People v. Ghadwich, 7 Utah 134; Downey v. Gemini If.

Read the full summary

Appeal from District Court, Third District; T. D. Lewis, Judge. Personal injury action by Louisa B. Paul against the Salt Lake City Railroad Company. Judgment for defendant and plaintiff appeals. APPELLANTS POINTS. Pailnre to give proper instructions requested is ground for new trial. (Playne, New Trial, secs. 120-124; People v. Hamilton, 4 Utah 263; People v. Ghadwich, 7 Utah 134; Downey v. Gemini If. Co., 24 Utah 440; Allen v. McKay, 120 Cal. 339; Goddell v. Railroad, 132 N. Car. 853. “A /prima facie case of negligence is made out by tbe testimony of tbe plaintiff, that being a passenger on…

1Opinion of the CourtFrion, J.

This is the second appeal of this case. The opinion on the first appeal is reported in 30 Utah 41, 83 Pac. 563, where, judgment in favor of respondent was reversed' upon the ground that the court committed error in its instructions to the jury. The facts developed on the second trial’are practically the same as on the first, and they now appear to be as stated by Mr. Justice Straup on the former appeal.

*5Tbe principal matters presented for review on this appeal, so far as they relate to tbe trial, involve tbe questions of contributory negligence on tbe part of appellant in alighting from a…

2Cases cited4 opinions

  1. Dearden v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
  2. Paul v. Salt Lake City Ry. Co.Utah Supreme Court · 1905
  3. Dresslar v. Citizens' Street RailroadIndiana Court of Appeals · 1897
  4. Commonwealth v. BouvierMassachusetts Supreme Judicial Court · 1895

3Cited by6 opinions

  1. Christensen v. Oregon Short Line RailroadUtah Supreme Court · 1909
  2. Loos v. Mountain Fuel Supply Co.Utah Supreme Court · 1940
  3. Denver & R. G. R. v. Ashton-Whyte-Skill-Corn Co.Utah Supreme Court · 1916
  4. Morrisey v. Union Pacific Railroad Co.Utah Supreme Court · 1926
  5. Pratt v. St. Christopher's HospitalSupreme Court of Pennsylvania · 2005

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API