Holman v. Boston Land & Security Co.
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action for damages occasioned by fire. Judgment for plaintiffs. Defendant appeals. Appellees were the owners of certain stacks of grain and employed appellant to thresh the same.
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Appeal from the District Court of Arapahoe County. Action for damages occasioned by fire. Judgment for plaintiffs. Defendant appeals. Appellees were the owners of certain stacks of grain and employed appellant to thresh the same. Appellant used a steam thresher for the purpose and it is alleged in the complaint, — “ That while so threshing said grain, and by the carelessness and negligence of the defendant, his agents and servants, in operating said steam engine and thresher, and on account and by reason of, the defective, faulty and dangerous construction of said engine and thresher, and on…
1Opinion of the CourtChief Justice Hayt
The principal contention at the trial was with reference to the alleged negligence and contributory negligence of the parties. The evidence relied upon to show negligence on the part of defendant was directed principally to the fact that there was no spark arrester upon the engine. It was in evidence from experts and those familiar with machinery of this kind that it was customary to place a wire screen in the smoke stack, or upon the top thereof, in the form of a bonnet, for the purpose of preventing • the emission of sparks from the fire box of the engine. It was further in evidence that…
2Cases cited4 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Gulzoni v. TylerCalifornia Supreme Court · 1883
- Vilas v. ReynoldsWisconsin Supreme Court · 1858
3Cited by18 opinions
- Grant v. VarneySupreme Court of Colorado · 1895
- Peterson v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1914
- Burlington Northern Railroad v. HoodSupreme Court of Colorado · 1990
- Smedra v. StanekCourt of Appeals for the Tenth Circuit · 1951
- Bryant v. EllisCourt of Appeals of Kentucky (pre-1976) · 1927
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