73 P. 517 | Utah | 1903
Lead Opinion
after stating the facts, delivered ■the opinion of the court.
The rule is well settled by the great weight of authority that, when a railroad company places cars upon a side track for the purpose of being loaded by shippers and consignors of freight, it is the duty of the company t,o exercise ordinary care to protect the
Appellant contends that the continuous ringing of the bell was notice to the deceased that the engine might at any time enter upon the side track where he was at work, and was a sufficient notice to put him upon
Appellant puts special stress upon the statements made by Copley to the effect that he did not blame any one -but himself for the accident. The statements are , not sufficient of themselves to release the company
Albert Wright, the only eyewitness, signed a written statement, which was prepared by the company, of what occurred, which statement is in evidence, and, in part, is as follows: “We went over to the west side, to be there when the team came back to put in the.balance of the hay. I didn’t know that the engine was working on the same track the car of hay was on there. I don’t suppose that Mr. Copley knew that, either. When we started across we could not see the engine — could not see which track it was on — because we did not step east far enough to see. ’ ’
Appellant further insists that as deceased could, with perfect safety, have gone around the two cars which stood immediately south of the hay car, it was
We are of the opinion, and so hold, that, under all the facts and circumstances of this case, the questions of negligence bn the part of the appellant, and contributory negligence on the part of Copley, the deceased,
We find no reversible error in the record. The judgment is affirmed. Costs of this appeal to be taxed against the appellant.
Dissenting Opinion
I am of the opinion that, in this case the deceased received his injuries because of his own negligence, and therefore must dissent from this judgment. At the time of the accident he was not working in the car, and could, easily have kept out of danger. Frank Wright, one of plaintiffs’ witnesses, who drove the team'from the car, testified: “There was nothing