Legal Opinion

Hayes v. Williams

Supreme Court of Colorado

Decided April 15, 1892PublishedCited by 24 opinions

Appeal from District Court of Arapahoe County. Appellants, Hayes & McGilvray, being contractors and builders, were engaged in performing ceitain work upon a building fronting on Lawrence street in the city of Denver.

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Appeal from District Court of Arapahoe County. Appellants, Hayes & McGilvray, being contractors and builders, were engaged in performing ceitain work upon a building fronting on Lawrence street in the city of Denver. In connection with this work they erected a derrick which was held in position by means of “ head ” or “ back ” ropes attached to the building and a guy rope extending through the derrick and across the street in different directions, the ends being fastened to posts on the opposite side. The work of Hayes & McGilvray being temporarily suspended, this derrick was borrowed from…

1Opinion of the CourtJustice Helm

Five distinct grounds are urged in support of a reversal of the judgment below. The questions thus raised will be considered in the order of their presentation by appellants’ brief.

The first and most serious objection urged is that since plaintiff failed to institute the present action within one year after the death of her husband, she was precluded from so doing by the terms of the statute. The specific clause relied on follows a provision authorizing the surviving husband or wife to sue, and reads: “ If there be no husband or wife, or he or she fails to sue within one year after such death…

2Cases cited9 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
  3. Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
  4. Smith v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
  5. Lamphear v. BuckinghamSupreme Court of Connecticut · 1866

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

3Cited by24 opinions

  1. Pierce v. ConnersSupreme Court of Colorado · 1894
  2. Jacksonville Electric Co. v. BowdenSupreme Court of Florida · 1907
  3. In Re KeyworthDistrict Court, D. Colorado · 1985
  4. Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
  5. Fish v. LileySupreme Court of Colorado · 1949

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

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