Carr v. Schafer
Supreme Court of Colorado
Appeal from District Oourt of Pitlcm Gornvty. This appeal is prosecuted under the act of 1885. It appears from the abstract of record that on the 1st day of November, 1885, appellant, who was defendant below, was ■about to commence the business of transporting or freighting goods with horses or mules and wagons from the railroad station at St. Elmo through and over the mountains to the town of Aspen.
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Appeal from District Oourt of Pitlcm Gornvty. This appeal is prosecuted under the act of 1885. It appears from the abstract of record that on the 1st day of November, 1885, appellant, who was defendant below, was ■about to commence the business of transporting or freighting goods with horses or mules and wagons from the railroad station at St. Elmo through and over the mountains to the town of Aspen. Parcelis, appellee, was at St. Elmo, and had there, in a car, a lot of nursery stock consisting of trees, shrubs, plants and roots, in bales, barrels and boxes, and applied to appellant to haul…
1Opinion of the CourtJustice Hayt
It is stated in the complaint that appellant was a common ' carrier, and, although denied in the answer, it seems • to have been conceded at the trial that such was the capacity in which he contracted. The trial court assumed by its instructions that his liability was to be controlled by the law applicable to common carriers, and the correctness of such assumption is not challenged upon this appeal. In determining his liability, we shall therefore assume that he contracted as a common carrier, and measure his responsibility for the damage resulting from the freezing of the goods in transit by…
2Cases cited3 opinions
- Erie Railway Co. v. WilcoxIllinois Supreme Court · 1876
- School District v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1869
- Merchants' Dispatch & Trans. Co. v. CornforthSupreme Court of Colorado · 1877
3Cited by10 opinions
- Union Pacific Railway Co. v. RaineySupreme Court of Colorado · 1893
- Denver Public Warehouse Co. v. MungerColorado Court of Appeals · 1904
- Colorado & Southern Railway Co. v. ManattColorado Court of Appeals · 1912
- Knight-Campbell Music Co. v. BuckSupreme Court of Colorado · 1908
- Colorado & Southern Railway Co. v. ManattColorado Court of Appeals · 1912
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