Saunders v. Southern Pacific Co.

Utah Supreme Court

Saunders v. Southern Pacific Co.

55 P. 1102, 18 Utah 243, 1898 Utah LEXIS 120

Procedural entryThis page is a short order in Saunders v. Southern Pacific Co.. Read the opinion of the Court — 13 Utah 275 →

Utah Supreme Court·Decided December 7, 1898·Published

Opinion

ZANE, C. J.

The plaintiff was with the late Charles A. Nelson when killed’ for whose death a recovery was had in the case of Alfred H. Nelson, Admr., against this defendant. The two cases were submitted at the same time.

The evidence in this record establishes that the plaintiff Saunders was upon the train under the same contract the deceased Nelson was; that they were struck and injured at the same time by the same snow shed.

[244]*244We hold that the opinion in that case should control the decision in this. The judgment is affirmed, with costs.

Cherry, District Judge concurred. Bartch, J., dissenting.

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ZANE, C. J.

The plaintiff was with the late Charles A. Nelson when killed’ for whose death a recovery was had in the case of Alfred H. Nelson, Admr., against this defendant. The two cases were submitted at the same time.

The evidence in this record establishes that the plaintiff Saunders was upon the train under the same contract the deceased Nelson was; that they were struck and injured at the same time by the same snow shed.

[244]*244We hold that the opinion in that case should control the decision in this. The judgment is affirmed, with costs.

Cherry, District Judge concurred. Bartch, J., dissenting.

Saunders v. Southern Pacific Co., 55 P. 1102, 18 Utah 243, 1898 Utah LEXIS 120 (Utah 1898).

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