Sagers v. Nuckolls
Colorado Court of Appeals
Error to the District Court of Garfield County. This was an action at law brought under the provisions of chap. 27, Geni. Stats., by plaintiff in error, widow and heir at law, to recover damages for the death of her husband, George W. Sagers, alleged to have been shot and killed by William E. Nuckolls.
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Error to the District Court of Garfield County. This was an action at law brought under the provisions of chap. 27, Geni. Stats., by plaintiff in error, widow and heir at law, to recover damages for the death of her husband, George W. Sagers, alleged to have been shot and killed by William E. Nuckolls. The following are the important allegations contained in the amended complaint: “That on said last mentioned date, and from the month of October, A. D. 1888, hitherto the above named defendants, Reef & Nuckolls, as plaintiff is informed and believes, were and now are copartners in business, and…
1Opinion of the CourtReed, J.
The'only question presented is the correctness of the judgment of the court in sustaining the demurrers. In other words, whether the employer is liable in damages under the statute for the killing of a person by a servant or employee under the circumstances as stated in the complaint. The provision of the statute upon which the action is based is sec. 2, chap. 27, Genl. Stat., entitled “ Damages.” — “ Whenever the death of a person shall be caused by a wrongful act, neglect or default of another, and the act, neglect or default is such as would (if death had not ensued) have entitled the…
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