Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-03-14
SUPREME cormr OPINIONS.



The Supreme court delivered an opin-
Ion today In the ease OF W. I. Frank.
appellant. " the Bulllon.Beck q
Champion Mining company. reversing
the Judgment OF the lower court.
Plaintiff In this case sued the defcnd-
ant company % recover damages for
personal injuries alleged 20 have been
received nH the result OF an accident Ia
the defendants mine. November T. 1895.
Plaintiff alleged In his complaint that
the defendant failed a. properly timber
the mine. by reason " which the nrcl.
dent resulted. Tho defense was con-
ttibutufy negligence ON the part NJ the
plaintiff. The case was tried before
judge Higgins and Jury. When the
plaintiff had rested counsel FOR defend.
ant moved Tor non.Hult. which the
court allowed, az the same time order
inE dismissal OF the ease. From this
Judgment plaintiff appealed.
The grounds upon which plaintiff ~.
He'd for reversal were that there was
sufficient evidence Of negligence on the
part % the defendant company to 40 To
the Jury and that defendants motion
was insufficient TO sustain "a Judgment
~ dismlHHnl.
The court holds that the question Of
negligence on the part OF the defendant
and contrlbutory negligence on the part
NJ the plaintiff aro questions OF fact
that should have been submitted to the
jury. With respect to Judge Higgins
sustaining Defendants motion for "A
nnn-Hult. the court finds that he erred
IN 80 doing. for the reason that the mo-
ton was too general and ala not Hpecl-
~ the grounds upon which II was
based. Says the court;
We ARE NJ tho opinion. and 20 hold.
that "a party moving Tor a n0n.sult
ought 10 be required 10 specifically
state the grounds upon which he bases
his motion and thereby call the court \
attention and that Of the opposite party
10 tho point On which he relies"
The court then orders reversal with
directions to the trial court TO grant a
new trial
The oplnion was delivered by District
Judge Mccarty. chief Justice Bartch
and Justice llaakln concurrlng
THIS CASE AFFIRMED.
An opinion. Affirming the Judgment Of
the trial court, was also handed down
today IN the ease 81 william u. Wilson
ct at. appellants, w the Triumph Con-
o. dated Mining company.
This was an action In eiectmcnt and
involved title 10 the mining claim
known by the name Of "s,eeple chnae'
and Mormon chief" situated In Tin
TIC. Tho issues OF fact tried were ~ "a
whether any assessment work for 1896
/ had been done and whether the Tri'
umph company was IN possession
working aud developing the claims nj
the time ~ the steeple Chase location
1 The Jury found for the respondent
/ when the appellants appealed.
Numerous errors were cited, chicl
among which was the question OF clti
Eenship, The court finds that az gen
| eral rule II n true that only citizens ri
/ the United states can locate minlnl
| claims. but adds II been held tina
| this II defense thu can only be as
serted by the government.
Several other assignments Of erroi
| were made but the court holds mont
! ~ them were tenablc, and, flndinf
! no reversible error was committed
| niiirms the Judgment OF the trial court
The opinion was delivered by justice
Miner, chief Justice Bartch and Jus
| tice llaskin, concurrinE.
! Troubl. over water.
! n. NJ, Herbert commenced Injunction