Gesas v. Oregon Short Line R.
Utah Supreme Court
Appeal from District Court, Third District; ]VL L. Ritchie, Judge. Action by Jesse Gesas, by bis guardian ad litem, Morris Levy, against the Oregon Short Line Railroad Company. Judgment for defendant, and plaintiff appeals. APPELLANT^ POINTS. It is the duty of all persons seeing a child in a place of danger to give it warning. (Devereaux v. Thornton, 4 Ohio Dec. 449; Railroad v. Toban, 12 Tex. Civ.
Read the full summary
Appeal from District Court, Third District; ]VL L. Ritchie, Judge. Action by Jesse Gesas, by bis guardian ad litem, Morris Levy, against the Oregon Short Line Railroad Company. Judgment for defendant, and plaintiff appeals. APPELLANT^ POINTS. It is the duty of all persons seeing a child in a place of danger to give it warning. (Devereaux v. Thornton, 4 Ohio Dec. 449; Railroad v. Toban, 12 Tex. Civ. App'. 283, 33 S. W. 894; Davis v. Railroad, 92 S. W. 831; Railroad v. Boozer, 2 Tex. 452; McVoy v. Oaks, 91 Wis. 214, 64 N. W. 748; Railroad v. Tonahill, 41 S. W. 875.) In the case at bar the…
1Opinion of the CourtStraup, J.
This was an action brought by plaintiff to recover damages for personal injuries alleged to have been sustained by tbe negligence of tbe defendant. Tbe accident occurred at Blackfoot, in tbe state of Idaho. Tbe plaintiff, at tbe time of tbe accident, was eight years of age. It was alleged in tbe complaint that tbe defendant obstructed certain street crossings in Blackfoot for thirty minutes by suffering and permitting a train of freight cars to stand upon tbe street; that the plaintiff and other children desired to pass over one of tbe cross*161ings thus obstructed; before doing so the plaintiff…
2Cases cited19 opinions
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Krenzer v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Central of Ga. Ry. Co. v. ChambersSupreme Court of Alabama · 1912
- In Re Bryan's EstateUtah Supreme Court · 1933
- Herald v. SmithUtah Supreme Court · 1920
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
- Walker v. Union Pacific RailroadCourt of Appeals of Utah · 1992
16 more not listed; retrieve them via the Exa API.