Otis Elevator Co. v. Cliff
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado; Robert E. Eewis, Judge. Action by E. C. Cliff against the Otis Elevator Company. Judgment for plaintiff, and defendant brings error. Cliff sued the Elevator Company to recover damages for personal injuries received by him on the 15th day of April, 1910, while assisting in placing an elevator engine in the bottom of an elevator shaft in the Denver Gas & Electric Company’s building, Denver, Colo.
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In Error to the Circuit Court of the United States for the District of Colorado; Robert E. Eewis, Judge. Action by E. C. Cliff against the Otis Elevator Company. Judgment for plaintiff, and defendant brings error. Cliff sued the Elevator Company to recover damages for personal injuries received by him on the 15th day of April, 1910, while assisting in placing an elevator engine in the bottom of an elevator shaft in the Denver Gas & Electric Company’s building, Denver, Colo. At the trial of the case, counsel for the Elevator Company moved the court for a directed verdict in its behalf. The…
1Opinion of the CourtCareand, Circuit Judge
(after stating the facts as above).
[1] The undisputed facts dearly show that the negligence, if any, which caused Cliff’s injury, was that of a fellow servant. For this kind of *924negligence the Elevator Company was not liable at common law. We must turn, therefore, to the legislation of the state of Colorado for the purpose of determining whether this rule of the common law had been changed on April 15, 1910. We do not consider Session Laws Colo. 1911, c. 113, repealing Sess. Laws Colo. 1893, p. 129, c. 77, and Sess; i.aws Colo. 1901, p. 61, c. 67, as it was passed subsequent to the date of the…
2Cases cited3 opinions
- Lange v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1903
- Denver & R. G. R. Co. v. WagnerCourt of Appeals for the Eighth Circuit · 1908
- Simerson v. St. Louis & S. F. R.Court of Appeals for the Eighth Circuit · 1909
3Cited by2 opinions
- Harrell v. Atlas Portland Cement Co.Court of Appeals for the Eighth Circuit · 1918
- Chicago, B. & Q. R. v. RichardsonCourt of Appeals for the Eighth Circuit · 1913