| Show HEIRS OF NEP II I GILES TO GE COMPENSATION When Nephi G ivas les was killed b by a Bamberger Elect ic c c Railway train while wan wall ng alon along the thc right of way on his i ay to work last June the fatality was an accident in- in incident in- in incident in incident to his at the pant of the Bountiful Brick company j at majority of the i of Utah held Dc De 2 1 24 I Chairman 0 O l F McShane diss and holds that this case is dis disi from from the Paramore case y reason of the fact t that Mr Giles w is s a in law a trespasser trespasser ser on the d company's tracks while Mr Param re was merely cr cross s ing crossing the railroad tracks at a public crossing on his way vay va to work at the Cudahy Packing Plant lant in North orth Sal Salt Lake Mr Mi Giles wh was vas as 74 years old cId left heft a widow nd two dependent daughters the i r of the com com- commission cam cam- commission mission finds ani an i the award is 81 St a week for the ant nil ull week period allowed by law The Thc award 1 gives ves the brick company o its car car- carrier car carrier ncr rier th the United Or Orits States Fidelity and ami collect Guaran Guaranty y company any right to col col- col lect from front the railroad that Mr Giles l heirs would ha 1 had The Paramore case went to to the su- su supreme su supreme preme court of tlc tIle United States State through the court c urt of Utah Ut and in both courts the award of the comm commIssion Sion was upheld There it was it-was it was hel held that since the ro road d across the ad was the only method of approach a to th the pack pack- ing packing company plait t that any lorce could take t and pince fince ince the ra transportation was ps essential cs to the packing packing- s the companY imily proximity of the railroad rail oad and its location was Wag a hazard in incident ident to the indus indus- industry industry try hoy and therefore one for which th tb industry industry th in the tha t be trial dm taxed The majority of or the lu ItH trial commission in the present ca case holds that Mr 11 iles was taking th the natural method of approach to th tha th brick plant the alternative being a along along along long walk along jhc he southside south side of the a gate a the west side of the property f The brick plant had been in use soY soY- several sev several eral years y ars the decision indicates be before De- De Defore before fore the railroad came |
