Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 35 |
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Results 1-5 of 31
Page 110
... CROSSING ACCIDENT - CARE REQUIRED . In discharging the duties imposed by law on a railroad company and a traveler at crossing , neither party may ordinarily rely on the other , each being required to perform the duty imposed on him ...
... CROSSING ACCIDENT - CARE REQUIRED . In discharging the duties imposed by law on a railroad company and a traveler at crossing , neither party may ordinarily rely on the other , each being required to perform the duty imposed on him ...
Page 111
... CROSSING ACCIDENT - Last Clear CHANCE . Where the last clear chance doctrine is involved in an action growing out of a railroad crossing accident , the case is ordinarily one for the jury , though the precedent and concurring negligence ...
... CROSSING ACCIDENT - Last Clear CHANCE . Where the last clear chance doctrine is involved in an action growing out of a railroad crossing accident , the case is ordinarily one for the jury , though the precedent and concurring negligence ...
Page 112
... crossing in the city of Ogden , Utah . The respondent denied the allegations of negligence , and pleaded contributory negligence . The controlling facts , which are undisputed or conceded , are substantially as follows : On the 26th day ...
... crossing in the city of Ogden , Utah . The respondent denied the allegations of negligence , and pleaded contributory negligence . The controlling facts , which are undisputed or conceded , are substantially as follows : On the 26th day ...
Page 113
... crossing on Twenty - first street , at which point , he says , " I looked back [ north ] , and saw the engine standing back on the brewery switch . " His counsel then propounded certain questions which ap- pellant answered on direct ...
... crossing on Twenty - first street , at which point , he says , " I looked back [ north ] , and saw the engine standing back on the brewery switch . " His counsel then propounded certain questions which ap- pellant answered on direct ...
Page 114
... crossing on Twenty - first street , and between said crossing and where the engine was standing on the brewery switch ; that appellant assumed that in going south the engine which struck him would stop at this crossing , and give the ...
... crossing on Twenty - first street , and between said crossing and where the engine was standing on the brewery switch ; that appellant assumed that in going south the engine which struck him would stop at this crossing , and give the ...
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Common terms and phrases
33 Utah action adverse possession agent agreement alleged appellant appellant's assignment attorney authority bill of exceptions bonds Box Elder county Brigham City Budge cause circumstances claim Comp complaint Constitution contract contributory negligence Conway corporation counsel damages deceased deed default defect defendant defendant's dence district court duty election engine error evidence executed facts franchise FRICK garnishment proceedings Granger ground held injury issue J. Y. Rich judgment judgment debtor jurisdiction jury justice land liability Logan City matter ment motion negligence notice operation ordinary Oregon Short Line owner paid parties payment perjury person Peterson plaintiff possession purchase purpose question quiet title railroad company reason record recover refused respondent respondent's rule Salt Lake City Salt Lake county statute STRAUP street sufficient testified thereof tion track train orders trial court Utah Light verdict Wilson witness writ
Popular passages
Page 269 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 460 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 495 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 279 - Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
Page 217 - ... any demand which may be established against the defendant by the final judgment of the court. But if there is no appearance of the defendant, and no service of process on him, the case becomes in its essential nature a proceeding in rem, the only effect of which is to subject the property attached to the payment of the demand which the court may find to be due to the plaintiff.
Page 589 - The Legislature shall not pass any laws permitting the leasing or alienation of any franchise, so as to relieve the franchise or property held thereunder from the liabilities of the lessor or grantor, lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges.
Page 311 - Franklin circuit court, for $20,000.00 damages for the death of his intestate, alleged to have been caused by the negligence of...
Page 283 - But it is urged that this case falls within the general principle which has become a maxim of law, that when one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss, must sustain it.
Page 43 - There is no presumption in this country that every person knows the law; it would be contrary to common sense and reason, if it were so.
Page 455 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.