Legal Opinion

Cripple Creek Mining Co. v. Brabant

Supreme Court of Colorado

Decided April 15, 1906No. 4767PublishedCited by 15 opinions

Appeal to the District Court of Teller County. Hon. Louis W. Cunningham, Judge. Action by Minnie Y. Brabant against Tbe Cripple Creek Mining Company. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtJustice Campbell

delivered tbe opinion of tbe court:

*425Action by Minnie Y. Brabant, widow of Fred Brabant, deceased, to recover damages for personal injuries resulting in her husband’s death through defendant’s. negligence. From the judgment in plaintiff’s favor defendant appéals.

T. It is urged that the complaint is subject to the vice of duplicity in that it contains two- separate counts relating to the same state of facts, and that the court erred in not compelling plaintiff, at defendant’s request, to elect on which she would go to trial. As stated in. Spaulding v. Saltiel, 18 Colo. 86, 88, the practice of…

2Cases cited9 opinions

  1. Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
  2. Vindicator Consolidated Gold Mining Co. v. FirstbrookSupreme Court of Colorado · 1906
  3. Manders v. CraftColorado Court of Appeals · 1893
  4. Leonard v. RobertsSupreme Court of Colorado · 1894
  5. Faulkner v. Mammoth Mining Co.Utah Supreme Court · 1901

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3Cited by15 opinions

  1. Rains v. RainsSupreme Court of Colorado · 1935
  2. Bolles v. KintonSupreme Court of Colorado · 1928
  3. Enyart v. OrrSupreme Court of Colorado · 1925
  4. M. O'Connor & Co. v. GillaspyIndiana Supreme Court · 1908
  5. New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916

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