Klenk v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the First District Court, Box Elder County. — Hon. Chas. H. Hart, Judge. Action for personal injuries alleged to have been caused by the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. The rnle is well settled that a trespasser upon a railroad train attempting to obtain a free ride without the consent of the carrier, can not recover for an injury received as a result of negligence.
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Appeal from the First District Court, Box Elder County. — Hon. Chas. H. Hart, Judge. Action for personal injuries alleged to have been caused by the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. The rnle is well settled that a trespasser upon a railroad train attempting to obtain a free ride without the consent of the carrier, can not recover for an injury received as a result of negligence. C. B. & Q. v. Mehl-sack, 151 Ill. 61; T. B. & W. R. R. Co. v. Books, 81 Ill. 245; Penn. Ry. Co. v. Price, 96 Pa. St. 256; Ry. Co. v. Meacham, 91 Tenn.…
1Opinion of the CourtBaskin, C. J.
It is alleged in the complaint that a brakeman of the defendant, while acting within the scope of his authority, laid hold of, and negligently, carelessly, forcibly, and intentionally ejected, and threw with great force, the plaintiff from a train of the defendant while it was running at a high rate of speed, and that by reason thereof plaintiff was injured. The answer denies the alleged negligence. The jury returned a verdict for the plaintiff, and judgment was entered in accordance therewith. The appeal is from the judgment. ■
*4301 *429It appears from the evidence that plaintiff, on the day of his…
Also in this document: Concurrence.
2Cases cited11 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Coleman v. New York & New Haven Railroad Co.Massachusetts Supreme Judicial Court · 1870
- West Jersey & Seashore Railroad v. WelshSupreme Court of New Jersey · 1899
- Filkins v. . PeopleNew York Court of Appeals · 1877
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