Show HERN IS DEFEATED in damage case appealed to supreme court tho supreme court yesterday affirmed the judgment of the district court in the case of nell hern appellant against the southern pacific company the ogden lucin railroad company and george beckham respondents spon dents in which the finding was forthe defendants the action was to recover damages for personal injuries which hern alleged he sustained at hogop hogup box elder county november 8 1903 through the negligence and carelessness of the defendants he asserted that while standing on the hogop hogup platform waiting for a train to take him to lakeside an engine which was left standing on the track without an engineer or fireman being in its cab got under motion and bumped into the platform knocking him over and throwing him into a fire in which he received severe burns and other injuries the evidence given at the trial in the lower court showed that hern had been working for the company but had quit ant that he loitered along ahe lucin cutoff for two days before attempting to take a train he claimed be spent two days trying to get on a train that would take him to lakeside demurrers of the ogden lucin railroad company and ot george beckham were sustained and the case was dismissed as to them the southern pacific company contended that hem had no business on its property and that bad he really wanted to take a train he could have done so before the alleged accident happened hap paned as there were six passenger trains run between hogop hogup and lakeside during the two days he said he spent waiting for a train to come along the opinion was written by justice and concurred in by chief justice bartch and justice mccarty |