Stanger
Union Pac. R. Co. v. Stanger
Opinion
Lead Opinion
Stephens, J.
This is an appeal from a money judgment in the sum of $19,000, decreed and entered by the United States District Court, sitting under a proper stipulation without the aid of a jury, against the Union Pacific Railroad Company, a Utah corporation, in favor of Phyllis Stanger and Albert G. Stanger, wife and husband, as the measure of compensation for the personal injuries suffered by Phyllis Stanger while riding as a paid passenger in one of the Union Pacific Railroad Company’s trains. There is no item of consequential or other damage to Albert G. Stanger entering into the total sum awarded in the judgment, and no question is raised herein upon the fact that the judgment runs to both Phyllis Stanger and Albert G. Stanger.
There were two actions consolidated. One was by both Phyllis Stanger and Albert G. Stanger upon injuries sustained by Phyllis Stanger. One was by Albert G. *983 Stanger for personal injuries sustained by him and the judgment went against him. The Union Pacific Railroad Company alone appeals.
Appellant says: “The evidence is insufficient to support a finding that defendant was guilty of any negligence as charged in the complaint, for the reason that plaintiffs did…