Murray v. Denver & R. G. R.
Supreme Court of Colorado
Error to District Court of Arapahoe County. This action was brought in the district court by the plaintiff Murray, against the Denver & Eio Grande Eailroad Company, to recover damages for injuries received while in the employ of the defendant on its road as a laborer. Judgment of nonsuit was entered against the plaintiff, who brings the cause to the supreme court by writ of error.
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Error to District Court of Arapahoe County. This action was brought in the district court by the plaintiff Murray, against the Denver & Eio Grande Eailroad Company, to recover damages for injuries received while in the employ of the defendant on its road as a laborer. Judgment of nonsuit was entered against the plaintiff, who brings the cause to the supreme court by writ of error. It appears, from the evidence, that the plaintiff, with other laborers, was engaged in repairing the road of the defendant in a narrow and curving cut with steep banks; that a car, loaded with stone, in some way…
1Opinion of the CourtElbert, J.
The plaintiff, at the time of the injury complained of, was an employee of the defendant company. The evidence showed the accident and the injury to the plaintiff, but left the cause of the accident entirely unexplained. This was not sufficient to raise a presumption of negligence upon the part of the company. In actions of this character the presumption is that the employer has discharged his duty to the employee. It was for the plaintiff to overcome this presumption by showing negligence upon the part of the company. Wood, Mast. & Serv. §§ 368-382, and cases cited; Railroad Co. v. Salmon,…
2Cases cited1 opinion
- Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1873
3Cited by8 opinions
- Telle v. Leavenworth Rapid Transit Railway Co.Supreme Court of Kansas · 1893
- Kindel v. HallColorado Court of Appeals · 1896
- Deane v. Roaring Fork Electric Light & Power Co.Colorado Court of Appeals · 1895
- Deane v. Roaring Fork Electric Light & Power Co.Colorado Court of Appeals · 1895
- Denver & Rio Grande Railroad v. McComasColorado Court of Appeals · 1895
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