Kansas Pacific Railway Co. v. Miller
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. Case by the administrator, suing for the use of the surviving children, for injuries occasioned by the negligence of the defendant and resulting in the intestate’s death.
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Appeal from District Court, Arapahoe County. Case by the administrator, suing for the use of the surviving children, for injuries occasioned by the negligence of the defendant and resulting in the intestate’s death. The statute, which gives the action (Acts 1872, p. 117), declares that “ when the death of any person is caused by the wrongful act, misconduct, negligence or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she lived, against the latter for the same act,…
1Opinion of the CourtBelford, J.
When the plaintiff rested his case, the defendant moved for a nonsuit, on the following grounds :
1st. No negligence proved against defendant.
2d. It did not appear that David Buger is deceased, or if so, that he left any heirs.
8d. That it did not appear that the wife of the intestate, who would be exclusively entitled to damages, is dead.
4th. That the evidence is insufficient to support a verdict. The motion was denied, and the ruling of the court is assigned for error.
The declaration charges that the plaintiff’s intestate was a passenger for hire on the defendant’s train of cars. That he had…
2Cases cited9 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Cliquot's ChampagneSupreme Court of the United States · 1866
- Illinois Central Railroad v. PhillipsIllinois Supreme Court · 1868
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
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3Cited by19 opinions
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Publix Cab Co. v. Colorado National Bank of DenverSupreme Court of Colorado · 1959
- Moffatt v. TenneySupreme Court of Colorado · 1892
- Weiss v. AxlerSupreme Court of Colorado · 1958
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
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