Cook v. Oregon Short Line & Utah Northern Railway Co.

Motee, J.:

This action was brought in the third district court to recover damages arising from the alleged negligence of the defendant in constructing, maintaining, and leaving the rails of its track projecting above the surface of the public sidewalk and line of public travel on West Third street, in the city of Salt Lake, so that plaintiff, while walking along the said sidewalk on the evening of September 22, 1889, stumbled against the rails of such track, and broke her right arm and was otherwise injured. On the hearing of the case the respondent’s counsel contended that this court had no…