Last Chance Mining & Milling Co. v. Ames
Supreme Court of Colorado
Appeal from the District Court of Mineral County. Ella E. Ames, as the surviving wife of Fred Ames, instituted this action to recover damages on account of the death of her husband, alleged to have been caused by the negligence of the defendant company. In its answer the Mining Company denied the charge of negligence, and alleged that the death of plaintiff’s husband was caused by his own lack of care.
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Appeal from the District Court of Mineral County. Ella E. Ames, as the surviving wife of Fred Ames, instituted this action to recover damages on account of the death of her husband, alleged to have been caused by the negligence of the defendant company. In its answer the Mining Company denied the charge of negligence, and alleged that the death of plaintiff’s husband was caused by his own lack of care. On the issues thus raised there was a trial before a jury, which found for the plaintiff in the sum of five thousand dollars, and upon this verdict the court entered judgment, to reverse which…
1Opinion of the CourtJustice Campbell
If we should concede, as defendant claims, that this record leaves it somewhat uncertain as to what was the actual cause of this injury, nevertheless, as the evidence was conflicting, we would not be disposed to reverse the judgment on the ground of the insufficiency of the evidence. Some of the rulings of the trial court complained of, though technically erroneous, might be upheld as not being prejudicial; but there are others which cannot be sustained without overruling previous well-considered cases in this court, and other courts of last resort.
Of its own motion, the court, in the nature…
2Cases cited7 opinions
- Grant v. VarneySupreme Court of Colorado · 1895
- Wells v. CoeSupreme Court of Colorado · 1886
- Burlington & Colorado R. R. v. LieheSupreme Court of Colorado · 1892
- Colorado Central R. R. v. OgdenSupreme Court of Colorado · 1877
- Denver Tramway Co. v. NesbitSupreme Court of Colorado · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Moya v. PeopleSupreme Court of Colorado · 1930
- Long-Bell Lumber Co. v. StumpCourt of Appeals for the Eighth Circuit · 1898
- Denver City Tramway Co. v. CowanSupreme Court of Colorado · 1911
- McLennon v. Whitney-Steen Co.Supreme Court of Colorado · 1917
- Denver & Rio Grande Railroad v. WarringSupreme Court of Colorado · 1906
7 more not listed; retrieve them via the Exa API.