The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-01-14
BY
SUPR E M E
COURT
JUDGE HOWELL TOOK AN EX-
CEPTlONAL VIEW.
In Awarding Damages in An Accident
Caused by Door Closing-TWo
Other Judgments Reversed.

| ~ L. Nlcn assignment oil prom
issory notes, given by Charles e. Fox
ley In payment for property bought
| from Rich to the Bank of Brigham
| City to secure Indebtedness owing
| by him to the bank, and his subse-
| quent execution on the eve of his de-
parture from the state, and possibly
| country, of deed to the premises sold
| to FoXley, to Homer j Rich. cashier
OF the bank, for delivery to FoXley
upon completion of the purchase price,
did not constitute a recession OF Richs
contract with FoXley for the sale of
the property in question to him. and
FoXley was not therefore entitled to
recover from Rich the amount OF the
first payment, $500, on the house, the
supreme court holds. In an opinion
handed down Wednesday.
The opinion is written by Justice
j. L. Frlck and concurred in by Chief
Justice D. n. Straup and Justice w.
NJ. McCatty.
The supreme court, In another opin-
ion handed down Wednesday, rever-
ses the judgment OF the lower court
III the case OF the state against Alex
ander Justensen, found guilty OF sub
ornation OF perjury in the district
court of Sanpete county in 1907, and
remandS the cause for q new trial.
Justensen was found guilty of per-
jury in connection with the case OF
Jacob Johnson against Niels Peter
Nelson to determine whether notes
executed by Nelson to Justensen, and
atterward assigned to Johnson, were
I,1a tn Inc
tensen Justenseu, 1t was alleged,
procured James Larson. who after
ward admitted his guilt, to swear that
Nelson had told him that he would
give him $500 If he would swear that
Justensen had told him he would tear
up Nelson's notes.
The lower court, in the trial OF
Justensen, admitted the records of the
Johnson case against Nelson in eyi-
dcnce, to which Justensen demurred.
The demurrer was overruled. While
this was not proper, it was not
shown that 1t prejudiced Justensens
rights, and is held by the supreme
court to be ground for reversal OF the
judgment against Justensen.
The admission of the records in the
case against Larson on the charge OF
perjury is held to be an inadmissable
error, for the reason that Justensen
was charged with subornatlon OF per
jury and Larson with perjury, sep
arate and distinct offenses, and JUS
teDsen was not an accessory to Lar
son Although Larson had confessed
to his guilt his confession was not
admissible III evidence against any,
one but himself, the supreme court
says.
In third opinion the supreme
court reyerses the Judgment of Judge
j. A. Howell of ogden against the Ore
eon Short Line Railway company in
awarding Martha Christensen dam
aees In the sum of $3.50 for personal
injuries, alleged to have been sus-
tanned near Bountitul, September Is.
1907 While standing in the aisle,
waiting for other passengers to alight,
Miss Christensen was jerked into an
open door, which flew shut upon three
OF her fingers, crushing them. Alleg-
ing negligence in that the door was
permitted TO swing freely upon its
hinges instead of being secured sta
llOHdly, nloS SuiiptSiiocu picu6h' ouiN
for $1,000 She got $3.50. The rail-
way company appealed. The supreme
court. in reversing the judgment, elo-
Guently asks
Can 1t be inferred that there is
some defect in an ordinary door SIM
ply because 1t swings upon It's hinges
and closes unexpectedly? No cases
have been cited where. under similar
circumstances, recovery was permit
ted and we do not think such a case
can be found. The case is reversed
with directions to grant q new trial
Justice Frick wrote this, as well as
the preceding, opinion. both OF the
other justices concurring.