Young v. Clark
Utah Supreme Court
Appeal from the Second district court, Weber county. H. H. Eolapp, Judge. Action by Chari otta Louisa Young, an infant, by Nancy Martin, her guardian, against S. H. H. Clark and others, receivers. Judgment for plaintiff. Defendants appeal. Plaintiff was a trespasser upon the bridge; knew and understood her danger and voluntarily incurred it. Defendants used every effort to prevent the injury as soon as her condition .was discovered.
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Appeal from the Second district court, Weber county. H. H. Eolapp, Judge. Action by Chari otta Louisa Young, an infant, by Nancy Martin, her guardian, against S. H. H. Clark and others, receivers. Judgment for plaintiff. Defendants appeal. Plaintiff was a trespasser upon the bridge; knew and understood her danger and voluntarily incurred it. Defendants used every effort to prevent the injury as soon as her condition .was discovered. She was herself guilty of contributory negligence. Mason v. By. Go., 27 Kan. 83; Tuenenlroclc v. S. P. By. Go., 59 Cal. 269; Barker v. By. Go. (Mo.), 37 A. & E.…
1Opinion of the Court
Miner, J.:
This action was brought to recover damages for personal injuries claimed to have been sustained by plaintiff, a child 12 years old, by being run down and struck by a locomotive on a passenger train operated by defendant, in June, 1896, while plaintiff was crossing defendant’s bridge spanning the Ogden river, situated a half mile north of the passenger depot in Ogden City. The evidence tends to show that for about 17 years the custom and practice existed for people residing on the north side of Ogden river, near the railroad, in G-lascow addition, to use the defendant’s bridge and…
2Cases cited10 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Manistee National Bank v. SeymourMichigan Supreme Court · 1887
- Roth v. Union Depot Co.Washington Supreme Court · 1896
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- Morris v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1901
21 more not listed; retrieve them via the Exa API.