Boyce v. Union Pacific Railway Co.

• Citation: 31 P. 450,8 Utah 353
• Court: Supreme Court of Utah
• Decision Date: 12 November 1892
• Parties: FRANK E. BOYCE, RESPONDENT, v. UNION PACIFIC RAILWAY COMPANY, APPELLANT

31 P. 450

8 Utah 353

FRANK E. BOYCE, RESPONDENT, v. UNION PACIFIC RAILWAY COMPANY, APPELLANT

Supreme Court of Utah

November 12, 1892

APPEAL from a judgment of the district court of the third district and from an order refusing a new trial. The opinion states the facts.

Affirmed.

Messrs Williams and Van Cott, for the appellant.

Cited 2 Shearman & Redfield, Neg. § 704, Bennett v. Railroad Company, 102 U.S. 577, Heaven v. Pender, 11 L. R. (Q. B D.) 503.

Mr Samuel H. Lewis and Mr. C. Ira Krebs, for the respondent.

BLACKBURN, J. ZANE, C. J., and MINER, J., concurred.

OPINION

BLACKBURN, J.:

This suit is brought for damages on account of injuries caused by the negligence of the defendant. Verdict and judgment for plaintiff; motion for new trial; motion overruled; and appeal both from the overruling of the motion for a new trial and the judgment.

Several errors are assigned, but the only one insisted upon is that the evidence does not support the verdict and judgment. The complaint, among other things, alleges that defendant conducted a bathing resort known as "Garfield Beach" on the shores of Great Salt Lake. That defendant had exclusive control of the waters of the Great Salt Lake beach, and erected a pier and pavilion thereon, and bathrooms for the use of bathers; and that it advertised said resort and invited the public there. That the defendant knowingly, negligently, and carelessly permitted a piece of glass bottle to be and remain in said waters at said place; and on said date plaintiff, acting on said general invitation, hired one of said bathrooms, and went into said waters to bathe, and while he was bathing, without any knowledge of said piece of glass, stepped upon the same, and cut and injured his left foot, and in consequence thereof was greatly injured, and suffered great pain of body and mind, to his damage in the sum of $ 3,000. The answer denies any negligence, injury, or damages. The testimony of the plaintiff is that on June 12, 1890, he went to Garfield beach, bought a ticket of defendant, and went in the lake to bathe; that while in there he cut his foot badly on a piece of glass lying in the bottom of the lake where the people went to bathe; and that he was laid up a long time, and suffered great pain from the injury. How great the injury was it is not necessary to comment upon, as it is not urged that the damages are excessive. The water was shallow -- about up to the...