Salt Lake Herald-Republican | 1909-02-04 | Page 10 | Railroad Must Pay

RAILROAD MUST PAY Supreme Court Sustains Lower Courts Judgment for Damages The supreme court In an opinion handed L down Wednesday affirmed the judgment of oC the Second district court in the suit of 01 Mary E B Peter and Regina Ne ley against the Southern Pacific company ap The action was brought for far damages for the death of the husband I and son of the plaintiffs and a verdict was obtained for O The company ap aJI pealed assigning a large number of ot er errors errors errors in m n the trial court As to the chief of these the supreme i court holds that the trial judge was right t t In refusing to instruct the jury that Nees Icy ley Ie met his death through the act of ot a a fellow servant and states that th t in no way was wa could a section foreman be construed as all asa alla a aa a fellow servant senant of who vas a a locomotive engineer Although they were ere both in the same employ their depart departments departments departments ments were so widely different that the th doctrine of negligence of a fellow servant would not apply The court further stated that It could not review the action of or the lower court in refusing to transfer the tho th I case to the federal courts The judgment In the lower court Is II af at affirmed affirmed firmed with costs against the company