Southern Colorado Power Co. v. Pestana

John R.. Pestaña and Flora J. Pestaña, his wife, had a verdict and judgment for $5,000 against the plaintiff in error for negligently causing the death of their son, John Pestaña, Jr., and the company brings error. We shall discuss the four points made by the plaintiff in error: (1) The evidence does not show negligence on the part of the defendant. (2) The evidence shows contributory negligence as a matter of law. (3) The burned shoes of the victim were erroneously admitted in evidence. (4) The damages, $5-,000, are excessive.

We take up these points in the above order: .

1. We cannot say the…