Legal Opinion

Cunningham v. City of Denver

Supreme Court of Colorado

Decided April 15, 1896PublishedCited by 10 opinions

.Error to the District Court of Arapahoe County. Action for personal injuries. Verdict for defendants directed by the court upon the evidence. Verdict and judgment accordingly. Plaintiff brings the case here upon error.

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.Error to the District Court of Arapahoe County. Action for personal injuries. Verdict for defendants directed by the court upon the evidence. Verdict and judgment accordingly. Plaintiff brings the case here upon error. Plaintiff alleges that the defendant, the city of Denver, is a municipal corporation, charged with the duty of keeping its streets and sidewalks in repair; that by its charter an officer, known as “street commissioner,” is created; that this office, at the times hereinafter mentioned, was filled by defendant in error, Theodore Griffin, he being elected and qualified thereto;…

1Opinion of the CourtChief Justice Hatt

There is no evidence in the record to connect the defendant Griffin in any way with the accident to plaintiff, or tending to show that he was guilty of any degree of negligence in the premises. Moreover, the action of the district court in directing a verdict in favor of this defendant is not questioned in this court, and it will be affirmed without further comment.

The peremptory instruction of the district court in favor *20of the defendant city was predicated upon the failure of plaintiff to comply with the following provision of the city charter: “ Before the city of Denver shall be liable…

2Cases cited11 opinions

  1. Brown v. City of DenverSupreme Court of Colorado · 1884
  2. City of Denver v. DunsmoreSupreme Court of Colorado · 1884
  3. City of Boulder v. NilesSupreme Court of Colorado · 1886
  4. Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
  5. Carpenter v. People ex rel. TilfordSupreme Court of Colorado · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Shea v. North-Butte Mining Co.Montana Supreme Court · 1919
  2. Touhey v. City of DecaturIndiana Supreme Court · 1911
  3. City & County of Denver v. TaylorSupreme Court of Colorado · 1930
  4. People ex rel. Moore v. PerkinsSupreme Court of Colorado · 1913
  5. City & County of Denver v. MagivneySupreme Court of Colorado · 1908

5 more not listed; retrieve them via the Exa API.

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