OCR Text |
Show DAMAGE CASE IS ij : UPHELD BY C0URTl: j . ;i . SALT LAKE, Dec. 2S. By a decision 1 I I handed down in the state supremo j court yesterday, Chief Justice John E, 1 I Frick writing the prevailing opinion, a ; damage judgment for $5000 rendered in j the Third district court against the' Oregon Short Line Railroad company Is affirmed. , In March, 1917, Nataleo Malizia was (killed by a locomotive on the railroad 'crossing at Fifth North and Fourth I West streets, the wife and six children ' being thus deprived of support. Mro. ' Fllomena Malizia, tho widows was up-pointed up-pointed administratrix of the cstatr, ' sued for damages and secured judg- j ment in the Third district court. From this judgment the railroad appealed I and Is now finally adjudged responsi- bio for tho death, the administratrix ! to recover costs. i The case of Howard RIcardson, re-j spondent, against William H. Capwell and D. W. Jenkins, appellant, is remanded re-manded to tho district court for Box-elder Box-elder county, with Instructions to dis-mlss dis-mlss tho action against Capwell and to grant a new trial to Jenkins. Cap-. well was justice of the peace and Jen- kins the town marshal at Tromonton in September, 1910, when Richardson I J vas arrested and jailed on a liquor rhnrgc. The lattor alleged false im ! prisonment and ill treatment in the jail, suod and secured judgment for damages, which is reversed. In the appeal of the Garfield Smelting Smelt-ing company against an award of 54500 made by the stato Industrial commission commis-sion to Mary G. Ringholz on account of the death of her husband. Jacob Ring-holz, Ring-holz, on August 22. 1917, as the result re-sult of an acldent while he was in the employ of the appellant, the case is sent back with instructions. Tho commission's com-mission's award was taken into the Third district court by tho smelting company on a. question of validity of i ho act creating the Industrial commission commis-sion The dis-trict court refused a jury trial, and, after hearing arguments, entered en-tered a judgment dismissing the action, ac-tion, from which judgment the smelting smelt-ing company appealed. "The judgment is reversed," Chief Tustiee Frick says in his opinion, 'and in case the defendant still desires a jury trial upon the question of wheth-rr wheth-rr tho accident which resulted in the dath of tho doceased did or did not arisr out of and in the course of employment em-ployment of the deceased, the case is remanded to the district court of Salt Lake county, with directions to' try that question as herein provided. If, however, the defendant elects to abide by this opinion and does not desire to i try the question referred to further, the judgment of the district court will stand affirmed without costs." |