Krantz v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by Joseph Krantz against the Eio Grande Western Eaihvay Company for damages for a wilful and malicious assault committed by defendant’s servants. The court withdrew the issues from the jury upon the first count and directed a verdict for defendant. From a judgment entered upon the verdict and from the order overruling plaintiff’s motion for a new trial, he appeals. Affirmed.
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Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by Joseph Krantz against the Eio Grande Western Eaihvay Company for damages for a wilful and malicious assault committed by defendant’s servants. The court withdrew the issues from the jury upon the first count and directed a verdict for defendant. From a judgment entered upon the verdict and from the order overruling plaintiff’s motion for a new trial, he appeals. Affirmed. There was a verdict for plaintiff on the second count and from the order setting it aside and granting a new trial,…
1Opinion of the Court
Smith, J.:
In this cause, appellant, the plaintiff below, brought suit to recover damages on account of alleged personal injuries-inflicted by the respondent’s servants. There are two-counts in the complaint, and upon the trial a verdict was. directed for the respondent, the defendant below, upon the first count, and a verdict returned in favor of the appellant, plaintiff below, in the sum of $4,000 upon the-second count. The record discloses the following facts: Upon the 18th of July, 1892, appellant boarded one of the passenger trains of respondent at the station of Sunny-side, in this…
2Cited by6 opinions
- Fremont, Elkhorn & Missouri Valley Railroad v. HagbladNebraska Supreme Court · 1904
- Odom v. Gulf & Ship Island RailroadMississippi Supreme Court · 1911
- Seawell v. . R. R.Supreme Court of North Carolina · 1903
- Seawell v. Carolina Central RailroadSupreme Court of North Carolina · 1903
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
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