Legal Opinion

Nichols v. Oregon Short Line Railroad

Utah Supreme Court

Decided December 10, 1904No. 1568,PublishedCited by 5 opinions

Appeal from the Third District Court, Salt Lake County. — Hon.. C. W. Morse, Judge. Action to recover damages for personal injuries. From a judgment in favor of the plaintiff, the defendant appealed. In the case at bar, defendant objected to Judge Tanner, as one of the judges of the city court of Salt Lake, taking part as an attorney for plaintiff in the trial of the case.

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Appeal from the Third District Court, Salt Lake County. — Hon.. C. W. Morse, Judge. Action to recover damages for personal injuries. From a judgment in favor of the plaintiff, the defendant appealed. In the case at bar, defendant objected to Judge Tanner, as one of the judges of the city court of Salt Lake, taking part as an attorney for plaintiff in the trial of the case. It is true that there is no statute in this state prohibiting a judge of any of the district courts or of the city courts from practicing law as an attorney or trying cases in any of the courts of the State. We contend…

1Opinion of the CourtBartch, J.

The plaintiff brought this action to recover - damages for personal injuries alleged to have been received by her through the negligence of the defendant while traveling on its train. This is the second' appeal herein to this court. On the former occasion the judgment was reversed, and the cause remanded for a new trial. The case is reported in 25 Utah, 240, 70 Pac. 996. The facts are there stated sufficiently to answer the purposes of this decision.

The appellant now, in the first instance, insists that the court erred in overruling the defendant’s objection 1 to the appearance of H. S.…

2Cases cited16 opinions

  1. Morgan v. Southern Pac. Co.California Supreme Court · 1892
  2. Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
  3. Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
  4. Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1887
  5. City of Chicago v. McLeanIllinois Supreme Court · 1890

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3Cited by5 opinions

  1. Jensen v. Denver & Rio Grande Ry. Co.Utah Supreme Court · 1914
  2. Pauly v. McCarthyUtah Supreme Court · 1947
  3. Geary v. CainUtah Supreme Court · 1927
  4. State v. ShockleyUtah Supreme Court · 1905
  5. Wrathall v. MillerUtah Supreme Court · 1917

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