Philbin v. Denver City Tramway Co.
Supreme Court of Colorado
Error to the County Court of Arapahoe Cowtty. Hon. Ben, B. Lindsey, Judge. Action by Michael J. Philbin against The Denver City Tramway Company. From a judgment in favor of defendant, plaintiff brings error.
1Opinion of the CourtJustice Maxwell
Action for damages for personal injuries. A general demurrer to a second amended complaint having been sustained, plaintiff electing to stand thereon, a judgment dismissing the action was entered, -to reverse which a writ of error yms sued out of the court of appeals.
*333The only proposition which will be considered is, Does the complaint state facts sufficient to constitute a cause of action?
The material allegations of the complaint are, that the defendant is a corporation operating a street railway system in the city of Denver; that plaintiff, as a guest, in a wagon drawn by a single horse, was…
2Cases cited3 opinions
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Lawler, Admr. v. Hartford Street Ry. Co.Supreme Court of Connecticut · 1899
- Denver & Rio Grande Railroad v. BuffehrSupreme Court of Colorado · 1902
3Cited by18 opinions
- Phillips v. Denver City Tramway Co.Supreme Court of Colorado · 1912
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Denver City Tramway Co. v. MartinSupreme Court of Colorado · 1908
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