67 P. 411 | Utah | 1902
after stating tbe case as above, delivered the opinion of tbe court.
The appellant contends, inter alia, that the court erred in charging the jury as follows: “An employee of a railroad company assumes the ordinary risks incident to bis employment (but bis employer has no right by any act of bis to so increase those risks, without warning the employee, as to make the employment more dangerous than the employee would naturally expect; and if the employer does so act as to increase the hazard assumed by him, and by reason thereof, through no fault of bis own, the employee is injured, the employer is
It is also insisted, and, we think, correctly so, that the court erred in that part of its charge included in paragraph 16, which reads: “The risks assumed by an employee are such as are necessarily incident to his employment, and do not include the unnecessary use by the employer of extraordinary instrumentalities for accomplishing his purposes, which, by their use, increase the risks and dangers ordinarily attendant upon the duties of such employee, unless it .was the practice of such employer to use such extraordinary instrumentalities, and that such practice was known, or ought to have been known, by the employee.” Here the word “unnecessary”
Other portions of the charge are susceptible of criticism, but we do not deem further reference or discussion in relation thereto necessary, except to say that a charge of a court to a •jury should be as concise as possible, since too great prolixity in many instances serves rather to confuse than to aid the jury. We are also of the opinion that the court erred in
There are still other questions presented, but, as a new trial must be granted, further discussion is not considered necessary.
The case must be reversed, with costs, and remanded to the court below, with directions to grant a new trial. It is so ordered.