Union Pacific Railway Co. v. Rainey
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action for injuries to horses while in transit from Kansas City to Denver, over defendant’s railroad. Judgment for plaintiffs for $500. Defendant appeals.
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Appeal from the District Court of Arapahoe County. Action for injuries to horses while in transit from Kansas City to Denver, over defendant’s railroad. Judgment for plaintiffs for $500. Defendant appeals. The plaintiffs, in their complaint, allege that defendant was a common carrier for hire, and as such received from plaintiff nineteen horses, which, for a valuable consideration, it undertook to carry and safely transport to the city of Denver, in the state of Colorado; that defendant carelessly and negligently, without giving plaintiffs an opportunity to inspect the same, furnished a car…
1Opinion of the Court
Chibe Justice Hayt
delivered the opinion of the court.
The negligence complained of as having caused the injury to the horses in question consisted in the defendant furnishing an unsuitable car, as it is claimed, for the transportation of the horses. The particular defect in the car pointed out is that the slats upon the side of the car were too far apart, leaving the apertures- so large as to permit the horses’ feet to be protruded through the slats; that as a result of this defect the horses’ feet were protruded between the slats, and, being unable to withdraw them, they were, as a result,…
2Cases cited9 opinions
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1871
- Ohio & Mississippi Railroad v. DunbarIllinois Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Estes v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1910
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinCourt of Appeals of Kentucky · 1913
- Adams v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1911
- Chicago, Burlington & Quincy Railroad v. MorrisWyoming Supreme Court · 1908
- Denver Public Warehouse Co. v. MungerColorado Court of Appeals · 1904
8 more not listed; retrieve them via the Exa API.