Legal Opinion · Concurrence

Ryan v. Beaver County

Utah Supreme Court

Decided May 1, 1933No. 5125Published

1ConcurrenceStraup, Chief Justice

While I concur in the result reached that permitting the jury to take the pleadings on their retirement was not on the record prejudicial, yet I do not fully concur in all that is said in the prevailing opinion respecting the question. I think the correct rule is stated in the case of Jensen v. Utah Ry. Co., 72 Utah 366, 270 P. 349, referred to in the prevailing opinion, and followed and approved in the case of Clark v. Los Angeles & Salt Lake R. Co., 73 Utah 486, 275 P. 582.

The rule there stated is that a judgment will not be reversed for errors or defects which do not affect a substantial…

2Cases cited6 opinions

  1. Jensen v. Utah Ry. Co.Utah Supreme Court · 1927
  2. Clark v. Los Angeles Salt Lake R. Co.Utah Supreme Court · 1928
  3. Drake v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
  4. Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895
  5. Morrison v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892

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