Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 32
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich
A. L. Bancroft, 1908 - Law reports, digests, etc
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acceptance action agreed agreement alleged allowed amend amount answer appellant applied assignment authority benefit called cause charged cited claim complaint condition Constitution contended contract corporation counsel damages deceased Decided deed defendant delivered direct District Court duty effect engine entered entitled error evidence exceptions execution express fact filed fixed further given giving grade granted ground held hold homestead injury instruction intended interest issues Judge judgment jury land liable liens material matter means ment motion negligence notice objection offer officers parties performance person plaintiff pleadings possession presented principle question Railroad reason received record respect respondent rule servant statute street sufficient sustained taken term thereof tion track train trial Utah verdict witness
Page 186 - Every such action shall be brought by and in the name of the personal representative of such deceased person...
Page 472 - Administration may be granted to one or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled, filed in the court.
Page 341 - The question always is: Was there an unbroken connection between the wrongful act and the injury, a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there sottfe new and Independent cause intervening between the wrong and the injury?
Page 68 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 188 - And where the testimony leaves the matter uncertain and shows that any one of half a dozen things may have brought about the injury, for some of which the employer is responsible and for some of which he is not, it is not for the jury to guess between these half a dozen causes and find that the negligence of the employer was the real cause, when there is no satisfactory foundation in the testimony for that conclusion.
Page 368 - ... then also against such other person. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just.
Page 407 - ... to its own use to the damage of the plaintiff in the sum of $100,000 and interest at 6 per cent, from the date of the demand and refusal.
Page 206 - The true rule is that what is the proximate cause of an Injury is ordinarily a question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It.