Nichols v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — ■ Hon. O. W. Morse, Judge. Action to recover damages for personal injuries alleged to have been received while plaintiff was a passenger on one of the defendant’s trains. Erom a judgment in favor of the plaintiff, the defendant appealed.
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Appeal from the Third District Court, Salt Lake County. — ■ Hon. O. W. Morse, Judge. Action to recover damages for personal injuries alleged to have been received while plaintiff was a passenger on one of the defendant’s trains. Erom a judgment in favor of the plaintiff, the defendant appealed. The rule of law is that a hypothetical question may assume any facts which the evidence tends to establish, but it must include and be based upon all the material facts, and this is especially true of material undisputed facte. Thompson on Trials, No. 610; People v. Vanderhoof, 11 Mich. 158; Levinson…
1Opinion of the CourtRolapp, District Judge
The errors assigned upon this appeal are all based upon testimony admitted into the record over defendant’s objection, and which appellant claims constituted prejudicial error. During the trial, Dr. Anderson, a witness for plaintiff, was asked the following hypothetical question: “Q. I would ask you, if a person during the major portion of her lifetime had been in the enjoyment of good health, except at times of confinement, and in case of suffering for some time with milk leg in the opposite leg to the one that may be injured; if a person in the enjoyment of health under such circumstances,…
2Cases cited7 opinions
- Vosburg v. PutneyWisconsin Supreme Court · 1891
- Davis v. StateIndiana Supreme Court · 1871
- People v. VanderhoofMichigan Supreme Court · 1888
- Hamer v. First National Bank of OgdenUtah Supreme Court · 1893
- Saunders v. Southern Pacific Co.Utah Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pensacola Electric Co. v. BissettSupreme Court of Florida · 1910
- Berndt v. Department of Labor & IndustriesWashington Supreme Court · 1954
- Tugman v. Riverside & Dan River Cotton MillsSupreme Court of Virginia · 1926
- Levine v. BarryWashington Supreme Court · 1921
- Utah Department of Transportation v. 6200 South AssociatesCourt of Appeals of Utah · 1994
4 more not listed; retrieve them via the Exa API.