Colorado Midland Railway Co. v. Robbins
Supreme Court of Colorado
Appeal from the District Court of El Paso County. Action to recover damages for personal injuries on account of negligence of the defendant. Answer denying that defendant was negligent and averring contributory negligence of plaintiff. There was a judgment in plaintiff’s favor for $3,000, to reverse which this appeal is prosecuted.
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Appeal from the District Court of El Paso County. Action to recover damages for personal injuries on account of negligence of the defendant. Answer denying that defendant was negligent and averring contributory negligence of plaintiff. There was a judgment in plaintiff’s favor for $3,000, to reverse which this appeal is prosecuted. The complaint charges that while plaintiff was riding along Moreno avenue, a highway in the city of Colorado Springs, the defendant carelessly and negligently caused its train of cars to pass over and along the avenue within the limits of the city at a high,…
1Opinion of the CourtChief Justice Campbell
The principal errors relied upon in argument may thus be stated: (1) The court improperly submitted the case to the jury upon an issue not made by the pleadings or the proof; (2) the specific act of negligence upon the part of defendant which was submitted by the court to the jury was not the proxi*455mate or direct cause of the injuries sustained by the plaintiff, and it was accompanied by erroneous instructions of law; (3) the plaintiff was guilty of contributory negligence that defeats his recovery.
1. The court instructed the jury that the specific act of negligence charged against defendant…
2Cases cited2 opinions
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Riley v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1894
3Cited by14 opinions
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Colorado Springs & Interurban Railway Co. v. ReeseSupreme Court of Colorado · 1917
- Denver City Tramway Co. v. GustafsonColorado Court of Appeals · 1912
- Bennett v. Central California Traction Co.California Court of Appeal · 1931
- Denver City Tramway Co. v. GustafsonColorado Court of Appeals · 1912
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