Denver & Rio Grande Railroad v. Gustafson
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This action was brought by the appellee in the district court to recover from the appellant damages alleged to have been sustained by him through its negligence. The jury returned a verdict for the plaintiff in the sum of three thousand dollars, upon which the court entered judgment. From this judgment the defendant appeals.
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Appeal from the District Court of Arapahoe County. This action was brought by the appellee in the district court to recover from the appellant damages alleged to have been sustained by him through its negligence. The jury returned a verdict for the plaintiff in the sum of three thousand dollars, upon which the court entered judgment. From this judgment the defendant appeals. The accident occurred about five o’clock in the afternoon, in the city of Denver, where Sixth street (along which defendant’s railroad is constructed) intersects Market street. From the Union depot on Seventeenth street…
1Opinion of the CourtJustice Campbell
There being a substantial conflict in the evidence, the verdict of the jury cannot be disturbed if they were properly instructed as to the law. Assuming, then, that the defendant was negligent, there are but two questions to be considered, which are seriously urged by the appellant for a reversal: First, that the defendant is not liable under the circumstances of this case for the negligence of the flagman ; second, if it is liable, the court erred in instructing the jury that the plaintiff might rely solely upon the flagman, and was not obliged to look or listen for approaching trains, and…
2Cases cited2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. CrismanSupreme Court of Colorado · 1893
- Buchanan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
3Cited by17 opinions
- Phillips v. Denver City Tramway Co.Supreme Court of Colorado · 1912
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Cole v. . R. R.Supreme Court of North Carolina · 1937
- Colorado & Southern Railway Co. v. ThomasSupreme Court of Colorado · 1905
- Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
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