Wells v. Coe
Supreme Court of Colorado
Appeal from District Court, Lake County. This action was brought in the district court by appellee, under section 1031 of the General Statutes. Her husband, Eobert H. Ooe, was employed by appellants upon a certain mine belonging to them in Lake county. While in the discharge of his duties, Ooe was struck and killed by a bucket used to hoist earth and water, descending in the shaft wherein he was working.
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Appeal from District Court, Lake County. This action was brought in the district court by appellee, under section 1031 of the General Statutes. Her husband, Eobert H. Ooe, was employed by appellants upon a certain mine belonging to them in Lake county. While in the discharge of his duties, Ooe was struck and killed by a bucket used to hoist earth and water, descending in the shaft wherein he was working. The proximate cause of the accident was the breaking of a brake-rod and slackness of a tight belt forming a part of the hoisting apparatus. Appellee averred, and attempted to establish,…
1Opinion of the CourtHelm, J.
Appellee, who was plaintiff below, bases her right to recover in this action upon the ground that the death of her husband was caused by defective machinery or appliances, in the purchase or repairing of which defendants below did not exercise the degree of care required by law. The following legal propositions relating to the subjects of negligence and contributory negligence .are deemed pertinent to the case:
First. In the purchase of safe machinery and appliances for use in his business, the master is required to exercise ordinary care and diligence; such care and diligence having reference…
2Cases cited18 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
13 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Moffatt v. TenneySupreme Court of Colorado · 1892
- Grant v. VarneySupreme Court of Colorado · 1895
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Colorado Midland R'y Co. v. O'BrienSupreme Court of Colorado · 1891
- Burlington & Colorado R. R. v. LieheSupreme Court of Colorado · 1892
40 more not listed; retrieve them via the Exa API.