Reports of Cases Decided in the Supreme Court of the State of Utah Volume 50

Reports of Cases Decided in the Supreme Court of the State of Utah Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...First District obligation to be on the lookout for the people it invited to go there to board its trains and to use reasonable and ordinary care to avoid injuring them while they were there. In the case of Smalley v. Railroad Co., 34 Utah 448, this court said: "It is but applying the general rule that, when one induces or invites another upon his premises, he must use ordinary care to avoid injuring him." And in the case of Brown v. Salt Lake City, 33 Utah, 238, it was said: "As against the mere intruders or licensees, the owner need not maintain his premises in a reasonably safe condition; but as to those who come upon them by invitation, express or implied, he owes the duty of reasonable care for their safety." In declaring the law relative to negligence and contributory negligence, the Supreme Court of the United States in deciding the case of Railway Company v. Ives, 144 U. S. 428; 36 L. ed. 493, said: "As the question of negligence on the part of the defendant was one of fact for the jury to determine, under all the circumstances of the case, and under proper instructions from the court, so also, the question of whether there was negligence in the deceased, which was the proximate cause of the injury, was likewise a question of fact for the jury to determine, under like rules. The determination of what was such contributory negligence on the part of the deceased as would defeat the action, or perhaps more accurately speaking, the question of whether the deceased, at the time of the fatal accident, was, under all the circumstances of the case, in the exercise of such due care and diligence as would be expected of a reasonably prudent and careful person, under similar circumstances, was no more a question...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236936345
  • 9781236936349