Salt Lake Tribune | 1907-06-30 | Page 2 | Verdict is Set Aside upon a Technicality

VERDICT l SET ASIDE Ml A TEGHMICALITT Mrs. Christine Pugmivo Loses Suit Against Railroad in . Supreme Court. Tho, Supreme V Court Saturday reversed re-versed the Second District Court, sitting sit-ting at Ogdon, in the ease of Mrs. Christine Pugmire, respondent, vs. the Oregon Short Line Railroad company, appellant, and directed a new trial to bo had. Mrs. Puginirc was given $3500 damages for alleged personal injuries in the lower court. . ; Reversal is had becauso tho trial court admitted evidence that iu the accident ac-cident complained of plaintiff suffered an injury to her eyesight, and that such injury was not alleged in her complaint. com-plaint. Several other assignments of error made by thn railroad company wero overrulrd and tho caso rovorsod on this single ground alone. The nceidfMit occurred at Williams, Mont., .June 22. ' 1005. The plaintiff and her husband wero conducting a commissary oar for a const ruction camp, and this car, it is alleged,-was run flown b' an engine, while it was standing' on "a (sidetrack. Tho opinion reversing tho case was written by Chief Justice McCarty, and concurred in by the other members of the court. The opinion laj-s down the following rule: "All damages which naturally and ordinarily result from wrongful acts alleged and the injuries described in the complaint may be shown without being specifically ajegod; all others though they bo tho natural result ot the alleged wrongful acts, yet are such which do not usually or ordinarily result therefrom, or from the injuries which are alleged aud described, must bo specifically alleged to admit proof thereof and to permit a recovery of damages therefor."