Nucci v. Colorado & Southern Railway Co.

I must dissent from the majority opinion. By the authority of a long line of decisions by this court the case should have been submitted to the jury upon the testimony produced, and there is in my opinion, no case decided by the court that supports the conclusion of the majority.

It is said that the effect of the facts in this case is the. same as in the ease of Headley v. D. & R. G. R. Co., 60 Colo., 500, 154 Pac. 781. The effect of the facts in any law case is generally to be determined by the jury. But there is no similarity in the facts themselves, as between this case and the Headley…