The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-02-10
NO DAMAGES
FOR AzUSA
WRECK
STATE SUPREME COURT RE.
VERSES THE LOWER COURT
contrTbutory Negligence ON tho Part
OF Train CreW-Causes Remand
ed for New Trials.

An echo Of the disastrous A5usa
wreck in Wyoming about three years
ago was heard In opinions handed
down by the supreme court Tuesday
In the cases OF A. l. Stone. as admin
istrator Of the estates OF BENJAMIN
F. Eccles and Walter NJ Comstock.
engineer and fireman, against the Un-
lon Pacific Railroad company, revers-
ing the second district court IN enter.
ing Judgment against the railway COM
pany for $4,000 damages for Eccles'
death and S2.500 for Comstock's death.
The causes were remanded for new
trials In conformity with the views
expressed in the opinions, which
means that the planuff will get moth
ing by his complaint
The facts were these: Eccles was
engineer and Comstock fireman on a
freight train running as an extra to
Green River, Wyo. At Granger the
telegraph operator informed the con.
ductor Of the freight train that pas
senger train No. 3. regular train, was
one hour and fifty minutes late, when,
as a matter of fact, the train was late
only one hour and forty three min.
uteS. The conductor of the freight
train told EccleS to 60 ahead and at
tempt to make the run to Azusa Ec-
cles attempted TO carry out the order,
but his engine was in a leaky condi-
ton and he lost considerable time on
this account. This, with the overrat-
Ing OF the time the passenger train
was running behind, brought the two
trains together. head-on, a few miles
west of Azusa. The entire crew OF
the freight train was wiped out and
two or three members OF the passen-
ger crew and many passengers we're
killed.
Stone was appointed administrator
of the estates Of the engineer and
fireman and brought suit for damages
for their death against the railway
company. alleging negligence in not
providing Eccles with flt engine and
In not adopting the system in tele.
graphic orders of spelling out the
time In orders after setting 1t out III
figures. The trial court entered 1udg-
ment for $4,000 against the railway
company in the engineers case and
$4,000 in the f1reman's case. The rail.
way company then appealed to the SUI
preme court, which reverses the judg-
ment.
The opinion is written by Justice
Frick. with Justice McCarty concur
ring. but Chief Justice Straup wrote
dissenting opinion, holding manly
with the trial court. The majority
court, In reversing the case, holds as
follows:
That the respondent has not estab-
lished by competent evidence that the
appellant was negligent in not adopt
ing different rule or method in trans
mitting train orders or In pursuing
the method 1t had adopted and was
using. (2) that the deceased and his
train crew were guilty OF contribu-
tory negligence in not protecting eth
er their train OF themselves when run
ming upon the time OF the superior
train passenger train) and that the
deceased determined for himself
whether he would make the run be-
tween Granger and Azusa within the
time he had to do SO and hence, az
the evidence now stands, he nssum-
ed all risks of danger incident to the
run between Granger and Azusa and
| (D that In view OF the undisputed
evidence IT is matter of mere con-
| lecture whether the mistake in train