Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-02-22
Supreme Tribunal Renders De-
ciSion Adverse to Boise
Traction Company.
EXTRACT FROM THE OPINION.
Politics Llvening Up in Gem State
Capitalize Test Delinquent
Child Baw-Serious Fire,
Special Correspondence.

* pTeme court handed GOWN an
ID opinion yesterday reversing
the opinion of Judge Wood OF
| the district court, who sustained mo-
| ton OF non-suit in the case of Carrie
Pilner VS. The Boise Traction COM
| pany. The former brought the action
| In the district court 10 recover DAM
ages from the company for the death
of her husband who was struck by a
street car and killed on the Sth OF last
July. A motion of non-suit was intro
| duced by the attorneys for the defense,
| which was sustained by Judge Wood.
| Inc supreme court, on appeal of the
| case from the lower court, reversed
| this decision and remanded the case
back to the district court for trial.
OPINION OF COURT.
The opinion of the higher court is
| an interesting one, part OF which is
| as follows:
A motion for a nonsuit admits the
| truth OF PLAINTIFFS evidence and every
| inference of fact that can be legiti-
| lnatelY drawn therefrom, and on such
motion the evidence must be inter-
| preted strongly against the defendant
| IN an action to recover damages for
| the injury or death of a persons, by
reason of being run against and over,
| by street car. a motion for a non
| suit at the close of the plaintiffs evil
| dence should not be granted unless
the facts presented by the evidence are
| such that but one conclusion could
reasonably be drawn from them, and
| that conclusion is, that no recovery
can be had under the evidence.
| 1t is the province OF the court to
determine that conclusion and grant
a nopsuit; but if different minds
might reasonably reach different con-
| conclusions from such evidence, the mo-
! ton for nonsuit should be denied
| and the case submitted TO the jury.
| In this class of cases, the burden
of proving contributory negligence is
with the defendant.
The right and duty OF pedestrians
and the right and duty of the person
in charge of the motive power of a
street car when crossing streets. are
| reciprocal and each is bound to use
equal diligence TO avoid collision.
Negligence on the part OF a person
which was not the proximate cause
of his injury or death. will not be a
bar to his recovery.
The proximate cause OF an event Ia
that which in a natural and contin-
nous sequence. unbroken by a new
cause, produces that event, and with
/ out which that event would not have
| occurred.
| In cases of this kind, the question
us 10 what IL lIc pIONlilldtt Ctuce tL
| the injury Is question for the jury.
| Held, under the facts of this case
that the question of the proximate
| cauHe of the accident should have been
submitted to the jury.
street car should be kept under
the reasonable control OF the motor
man when crossing a street. and per-
sons with or without vehicles, pass
ing over the track at street crossings,
may assume that care will be used to
reduce the speed at such crossings.
A person who has the last clear
chance or opportunity of avoiding an
accident, notwithstanding the negli-
gence of his opponent Is considered in
law solely responsible for such acci-
dent.
Although the action of the one in
jured may have been the primary
cause of the injury yet an action for
such an injury may be maintained if
It be shown that the defendant might,
by the exercise OF reasonable care and
diligence have avoided the conse-
quence OF the injured partys negll-
gence.
That which seems uppermost in the
minds OF the people of the capital
city, is politics-Republicani or
Democracy And when the adherents
OF the latter faith speak of Democracy
they mean "the good old Democracy
Of years ago; not Duboisism;" for Ada
| county Democrats (and for that matter,
| those ~ numerous other counties) are
| sick OF a one-man-power Democracy.
| As a prominent leader of that party
said yesterday, I'VE have gone down
10 our defeat now twice upon t. God
forbid that we DO Il n third time"
| Just what Dubois will do no man
| knows, not even the angels OF heaven.
If he does what he says he viii do.
| 10. saftn l. HsrIk
| Mormons TO the last. But hundreds
of the old-line Democrats known noG'
what they tlll do. and they are de-
termined. This was fully demonstrate
| cd In two meetings Of the Democratic
| club OF this county held the iirst two
evenings OF this week, In both these
| meetings very enthusiastic speeches
We're made IN which Dubois radicallsm
WAS denounced, protests were issued
| against "bossisn' and invitations to
| Dubois TO come back to the old party
| principles and be- zone OF the boys
again.
The successful meeting OF the Re-
| publican state central committee on
the 10th inst sounded the kenynote-.
| the war cry--and there has been con-
| siderable life I'm the ranks OF both
| parties since that time The Ropub-
leans OF this county have organized
| into club pledEluG themselves To
work for the best interests OF the par
| ty James IA. Brady, Of PocatellO,
the chairman OF the Republican state
central committee, has publicly an
nounced his candidacy FOR the COVER
| norship, and the outlook, so far. Is that
| he viii have no serious opposition 90
| far as his party rs concerned,
FOR BOISE BARRACKS
Word has been received from sens~
tor Hepburn that tho appropriation
for the construction " oapaolous new
| buildings including a hospital, at the
| Boise barracks has been made. ana
| will he available az the beginning OF
| the next fiscal year July ], when CON
struotion work will begin.
TAKEN no PORTLAND,
An officer OF tho Portland police de-
| partment came with eXtradltlon papers
| which wero signed by Governor Good
| ing, empowering tho officer 10 take
! Dr. George c. Maule back 10 Port
| land 10 answer 10 charges preferred
against him IN that city by a hotel pro-
rtietor for obtaining money nnd0r
I false protenses. Maulo Is a dentist
who praetsed his profession In the