Show RAilROAD MUST T mm EXERCISE CARE Supreme Court Reverses Damage Dam Damage Damage age Suit in Favor of Plaintiff Where a railroad company compan has allowed the public to use Its tracks as asa a passage passageway passageway way for a number of years without moles molestation molestation molestation tation notwithstanding the fact that a sign No trespassing appears ap ars on the right of way it is the duty of ot the thc em of the company the use reasonable r care and keep a reasonable lookout to protect pedestrians This doctrine was announced by the su supreme supreme supreme preme court yesterday when In a lengthy opinion written by Justice Chief Justice McCarthy and Justice Frick con concurring concurring curving the decision of Judge Lewis of ot the Third district court in ordering the Jury in the case of Nellie NelUe admin administratrix administratrix administratrix of the estate of Thomas W IV V against the San Pedro Los An Angeles Angeles Angeles geles Salt Lake railroad to return a verdict for the defendant was reversed and a new trial ordered was as run rundown rundown rundown down and killed by b a train between First Finst North and North Temple streets str ets In the railroad yards ards Oct 10 1905 The reversal was on the evidence and the ruling of the lower court The opinion declares declines that a great gre t part of the evidence which was material was not allowed to togo togo togo go on record In another opinion written by Justice and concurred in by the other jus justices justices justices tices Judge T D Lewis of the Third dis district district district Is i restrained r d from assuming juris June jurisdiction jurisdiction diction In the case of Jacob Peart and others against William m Hendrickson which is an appeal from the Justice court The decision Was upon a le technicality Heh Heil not hot having conformed to the statutes st in filing his appeal al The court holds that an undertaking on an appeal is not a notice of an undertaking of et an appeal appe lb being filed and therefore does not come within the statute In an opinion written by Chief Justice McCarty the district court of Weber Web r coun couIi county county ty to is reversed In the case Jane Jan Belnap against George Georgc HIgley Tames James David Fielding Elijah Field Fielding FieldIng Fielding ing and Joseph The court holds that the lower court erred In Its Instructions instructIons to the Jury In Ia regard to contributory contributor tory tor negligence and also Instructed the jury jUl in matters foreign to the Issue Mrs Belnap was the owner of nineteen n nacres acres of land in Weber W ber county count and the defendants defenda are the owners of an Irrigation Irrl atlon ditch which skirts the ine land Mrs Belnap B asserts that on May Ma 25 20 no 1303 1903 1 the ditch overflowed and destroyed he hel crops and that the same thing occurred the tIme next ne t tear year ear She asked for 9 damages dama 5 but lost the th suit A new ne trial is s ordered ord red |