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Duncan v. Union Pacific Railroad

Citations

  • 842 P.2d 832
  • 184 Utah Adv. Rep. 19
  • 1992 Utah LEXIS 32
  • 1992 WL 70535

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a crossing may be deemed more than ordinarily hazardous “if, for any reason, devices employed at the crossing were rendered inadequate to warn the public of the danger”
  • applying discretionary function analysis under section 63-30-10 in case brought under section 63-30-8
  • “a crossing might be found to be more than ordinarily hazardous if it was in a thickly populated portion of a city”
  • \a crossing might be found to be more than ordinarily hazardous if it was in a thickly populated portion of a city\
  • 3-2 decision holding that railroad company is not responsible for installing additional warning devices, where legislature authorized state to upgrade hazardous crossings with public funds
  • applying successors to subsection (1)(a) to department of transportation

Source: CourtListener parenthetical corpus (CC0).

Judges: Howe, Hall, Zimmerman, Durham, Stewart

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Duncan v. Union Pacific Railroad

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.