Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-06-15
TWO CASES REVERSED.
Supreme Court Decision in The Burgess
Damage Suit.
JUDGE CU8tsBtRRY ERRED ON ONE POINT,


The Supreme court handed down nm
opinion today IN the case of Chnrl's
Burgess against the salt Lake city
Railroad company appellant reversing
the cause. with directions TO the court
below to grant "a new trial.
Burgess. who &C. niFhtwatchman.
was crossing the street uu Second south
near tho cullen ON the afternoon OF
December ith. 1894. when be- was run
into By ON of the defendant company %
cars. innicting severe injuries Tor whI'h
he sued FOR damages lu thr SUM oft
$4,000 The jury before whom the case
was tried found for burgess. assessing
hia damages DO the sum NJ AlH'N. M
appeal was taken
An error cited by counsel f1r dCf0nd-
ant wna the refusal 90 Judge buHeuhcf-
~ t1 charge The jury ns flilnwii
The court charges you that 20. pI1ln-
tlu can uol recover boo this action inr
and Injury, sustained hy rllih.'i'.
prior 90 Tho time when thH tur We
urst brought To- "a fun stop. lfiDr the
collision.
Thc court finds TINT Judge Dussn-
borry committed preiui.H.N error in
refusing " charge 40 rCuulHtrl hy he
city Railroad company. For this rcns
son tho court reversus the r1Ho with di-
rcctiona 10 grant new TRIAL
The opinion u by judge B1rtch.
ChIcf Justice Zane and Justice Miner
CoucurrIug.
THIS CASE ALSO REVERSED.
Another opinion WIS handed down to-
day ln the case uf John klfWlu NH|
Il0xnnn pidcDck 81 ni. appellants in
which the Judgment decree. ana order
III sale la vacated and oct aside, ana u
new trial ordered.
that Pnrah Giles Fart ON the .lrd ~
February. 1899. being tho owner ~
certain real estate In ogden. executed
warranty decd. conveying the prop
erty 90 hcr SONS and dnurhtoH IN frr.
Romo time afterwards Sarah Giles
Farr died lculnF the grantees IN The
decd ua her heirs al law. one ~ th0
rnrrd his Interest to-
10 the plaintiff. John KirNin. after the
mothers death The muf fnrr was
fnrruluHod. leaving klrwin thH owner ui
an undivided onHsrirhth ln The proper
~ Plaintiffs object ln bringing hn
suit was Tor Tho purp1srpf Eeti'ng
decree OF the partition % The premises
All the various interests were oct uut
In the complaint. 10 was alleged that
Roxcann pldcnck r. daughter ~ sarah
GILES Farr claimed. in addition 90 a
one.eight inthereHt. right o. home
duriug her ne ur wlduwhuli.
Defendants inthclr answer. Including
ilnxcnna pldcock. denied dcfruinntH
right Of pnHnraflun. or IN tlgt
In any one except Mrs pii-
cock Further answering the defendants
ct forth that In February, 1889. Sarah
Giles FAR twho was the mother uf
all Of tho defendants. and n Joseph
Farrl died. delivering 90 each ~ her
children a warranty deed 20 tho prrm-
isca described In Klrwin'a complaint
n was further alleged that the decd
contained an express provision That
goxnna pidcock should. during her
life aud until Hho become married,
occupy the premises nH q home.
IL was then oct uut Mrs piiruck was
ana Htill remains unmarried. was %
widow and an invalid. and under TN
conditions ~ tho deed had occupied
the home since the execution 81 the
deed.
'rhr defendant nlod an answer IN tho
demurrer on the Hruund that 10 dld not
state facts sufficient 60 constitute u
defense a. the action Tho demurrer
was sustained hy Judge Hnlnpp the
defendants declined 90 amend, ana re-
decree ordering sale ~ the property
was entered in favor ~ the plnlntln.
From that Judgment an appeal was
taken.
Tho court finds that n wns tho in.
tcntlon " Mrs Furr a. vest the title
or tn property IN her children. subject
60 tho right ~ liONunu pldClrk tn ur.
Cupy tho premises uH n home during
her life or unt HhD should marry TtH
court nndH that Judge H0lnup erred ln
sustaining the demurrer nud lu award
iur r. decree against the defendant
The court then orders The Judgment
md decree ana order M sale o. vac
Gated and fet aside and new TRIAL
given. and concludes aH follows.
"in ease the court below shall. after
ro-henrnT, order partition. aud HlIr
~ the property the order should proc
vide that such sale hH made subject
o. the rights % itnaCanl pIdrlrk there
IN, Go have ana occupy said uu mise r.
na u home during her lif0 err until she
fhnll become married"
Tho opinion 10 written by Justice
Miner; chief Justice Zane and Justice
iinrtch concurrInr,