Legal Opinion

Colorado Midland Railway Co. v. McGarry

Supreme Court of Colorado

Decided September 15, 1907No. 5296; No. 2933 C. APublishedCited by 4 opinions

Appeal from the District Court of Teller County. Hon. Louis W. Cunningham, Judge. Action by L. E. McGarry against The Colorado Midland Railway Company. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtJustice Campbell

The. plaintiff McGarry, a passenger riding on one of the trains of The Colorado Midland Railway Company, brought this action, and obtained a judgment against defendant for'$2,000, for damages for personal injuries sustained by him as the result of defendant’s negligence. Defendant appeals.

As charged in the complaint, the negligence was the running of defendant’s train at the time of the injury at an unusual and dangerous rate of speed on a down grade and over a defective and unsafe track, the rails being defective and the cross-ties decayed and rotten. The clear and concise presentation by…

2Cases cited2 opinions

  1. Railway Co. v. MurraySupreme Court of Arkansas · 1891
  2. Heath v. Broadway & Seventh Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1890

3Cited by4 opinions

  1. Clark v. District Court, Second Judicial District, City & County of DenverSupreme Court of Colorado · 1983
  2. Mountz v. AptSupreme Court of Colorado · 1911
  3. Mutual Life Insurance v. GoodColorado Court of Appeals · 1913
  4. Mutual Life Insurance v. GoodColorado Court of Appeals · 1913

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