Legal Opinion

Thomas v. Oregon Short Line Railroad

Utah Supreme Court

Decided January 12, 1916No. 2800Published

Appeal from District Court; Third District, Hon. F. 0. Loofbourow, Judge. Action by Pearl Thomas, an infant, by William Thomas,, guardian ad litem, against the Oregon Short Line Railroad. Company. Judgment for defendant. Plaintiff appeals. APPELLANT’S POINTS. Plaintiff was not a trespasser.

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Appeal from District Court; Third District, Hon. F. 0. Loofbourow, Judge. Action by Pearl Thomas, an infant, by William Thomas,, guardian ad litem, against the Oregon Short Line Railroad. Company. Judgment for defendant. Plaintiff appeals. APPELLANT’S POINTS. Plaintiff was not a trespasser. The track had been used as a passage-way for children and others who had occasion' to go to and from the Bonneville school, and in the vicinity of the school for a great many years, and distinct trails-led to and from the track, and under the conditions that existed the defendant owed plaintiff the same…

1Opinion of the CourtStraup, C. J.

This is an action to recover damages for personal injuries alleged to have been suffered through the negligence of the defendant. The accident occurred on one of the defendant’s tracks in the northern limits of Salt Lake City, several hundred feet south of a public school building and in an inhabited and well-settled portion of the city. A track on the east of the school building ran to a quarry north and east of the building. To the south the track led into another track running west of the building. The accident occurred a short distance north of the junction of these tracks.' There were…

2Cases cited16 opinions

  1. Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
  2. Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MilesIndiana Supreme Court · 1904
  4. Jensen v. Denver & Rio Grande Ry. Co.Utah Supreme Court · 1914
  5. Palmer v. Oregon Short Line R.Utah Supreme Court · 1908

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