Shepherd v. Denver & Rio Grande Railroad

This action was brought to recover damages for personal injuries which appellant alleged he suffered1, while engaged *471in the discharge of his duties as a servant of respondent, through its negligence in operating a certain locomotive engine. Respondent denied: that it was guilty of negligence, pleaded contributory negligence, assumed risk, and further insisted at the trial that, under the evidence, the injury to appellant was caused through the negligence of a fellow servant. The court submitted! the case to the jury upon the foregoing defenses, and they returned a-general verdict in favor of…