Atchison, T. & S. F. R. v. Betts
Supreme Court of Colorado
Appeal from Las Animas County Court. This was an action brought by appellee, F. Gf. Betts, against the appellant, the Atchison, Topeka & Santa Fe Eailroad Company, before a justice of the peace of Las Animás county, for the value of a mule which had been killed upon the railroad of appellant. From the judgment of the justice an appeal was taken to the county court, and trial was there had de novo and to a jury.
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Appeal from Las Animas County Court. This was an action brought by appellee, F. Gf. Betts, against the appellant, the Atchison, Topeka & Santa Fe Eailroad Company, before a justice of the peace of Las Animás county, for the value of a mule which had been killed upon the railroad of appellant. From the judgment of the justice an appeal was taken to the county court, and trial was there had de novo and to a jury. All the evidence given at the trial was the testimony of appellee, which was as follows: “ I am plaintiff in this cause. In the month of December, A. D. 1882, I owned a mule which was…
1Opinion of the Court
Stallcup, C.
Were the facts shown sufficient to warrant the judgment for the value of the mule? In this state we have a statute fixing an unqualified liability against a railroad company for stock killed by it in the operation of its railroad business, which is as follows: “ That every railroad or railway corporation or company, operating any line of railroad or railway, or any branch thereof, within the limits of this state, which shall damage or kill any horse, mare, gelding, filly, jack, jenny or mule, or any cow, heifer, bull, ox, steer or calf, or any *436other domestic animal, by running any…
2Cases cited7 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
- Illinois Central Railroad v. ReedyIllinois Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank in Fort Collins v. RostekSupreme Court of Colorado · 1973
- AE, INC. v. Goodyear Tire & Rubber Co.Supreme Court of Colorado · 2007
- Smith v. Kent Oil Co.Supreme Court of Colorado · 1953
- Wolf v. BurkeSupreme Court of Colorado · 1893
- Fern v. CrandellSupreme Court of Colorado · 1926
3 more not listed; retrieve them via the Exa API.