Martindale v. Oregon Short Line R.
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by James Martindale against the Oregon Short Line Railroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. The rule of decision in the State of Idaho was pleaded and put in evidence.
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Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by James Martindale against the Oregon Short Line Railroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. The rule of decision in the State of Idaho was pleaded and put in evidence. This rule is: “That when a person approaches a railroad crossing, whether a street crossing in a city or,a crossing over the public highway in a country district, such person is required to stop, look and listen for an approaching train, and that the failure to do so is negligence per se.” (Wheeler v. Oregon…
1Opinion of the CourtFrick, J.
The plaintiff recovered judgment against the defendant for damages caused by the death of plaintiff’s daughter, a minor of the age of nineteen years. The death of such daughter, plaintiff alleged, was caused through the negligence of the defendant in running a passenger train over a public road crossing, in the State of Idaho, thereby causing said train to collide with a wagon in which said minor, with others, was riding at the time. After making the necessary allegations of inducement, plaintiff alleged the acts or causes of negligence on the part of the defendant as follows: (1) That the…
2Cases cited3 opinions
- Atwood v. Utah Light & Railway Co.Utah Supreme Court · 1914
- Lochhead v. JensenUtah Supreme Court · 1912
- Whitman v. FisherSupreme Judicial Court of Maine · 1904
3Cited by20 opinions
- Bryant v. Pacific Electric Railway Co.California Supreme Court · 1917
- Howarth v. OstergaardUtah Supreme Court · 1973
- Continental Bank & Trust Company v. StewartUtah Supreme Court · 1955
- Meyers v. Southern Pacific Co.California Court of Appeal · 1923
- Derrick v. Salt Lake & Ogden Ry. Co.Utah Supreme Court · 1917
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