Colorado Mortgage & Investment Co. v. Giacomini
Supreme Court of Colorado
Appeal from Denver District Court. — Hon. Harry O. Riddle, Judge. This action was instituted by the appellee against P. W. Copeland and the appellant to recover damages sustained by her upon Juné 27th, 1908, occasioned by her falling down the elevator shaft in The Columbia Hotel, situate in the city of Denver. It is alleged that the accident was caused by the negligence of the defendants in permitting the elevator and appurtenances thereto to be and remain out of repair.
Read the full summary
Appeal from Denver District Court. — Hon. Harry O. Riddle, Judge. This action was instituted by the appellee against P. W. Copeland and the appellant to recover damages sustained by her upon Juné 27th, 1908, occasioned by her falling down the elevator shaft in The Columbia Hotel, situate in the city of Denver. It is alleged that the accident was caused by the negligence of the defendants in permitting the elevator and appurtenances thereto to be and remain out of repair. Judgment was in her favor against both defendants in the sum of $10,000. The appellant brings the case here on appeal. The…
1Opinion of the CourtJustice Hill
The assignments of error present two questions: first, whether under the facts disclosed the appellant can in any event be held liable for the damages to the plaintiff occasioned in whole, or in part, by the defective condition of the elevator; and second, if so, was its defective condition the proximate cause of the, injury?
"We have been furnished with many citations of authorities upon the first question. The conflict among some of them cannot be reconciled. The great mass of the cases appears to recognize certain well defined legal principles. The first is, that as between the landlord and…
2Cases cited32 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Beck v. . CarterNew York Court of Appeals · 1877
- Swords v. . EdgarNew York Court of Appeals · 1874
27 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Webel v. Yale UniversitySupreme Court of Connecticut · 1939
- Joseph Weiss, Jr. And Brigitte Weiss v. United StatesCourt of Appeals for the Tenth Circuit · 1986
- Hull v. Bishop-Stoddard CafeteriaSupreme Court of Iowa · 1947
- Mitchell v. Schofield's Sons Co.Court of Appeals of Georgia · 1915
- Rudolph v. ElderSupreme Court of Colorado · 1939
30 more not listed; retrieve them via the Exa API.