Schwenke v. Union Depot & R.
Supreme Court of Colorado
Appeal from Superior Court of Denver. This action was brought to recover damages for an assault and battery alleged to have been committed upon the appellant, George W. Schwenke, by the appellee, John W. McLean.
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Appeal from Superior Court of Denver. This action was brought to recover damages for an assault and battery alleged to have been committed upon the appellant, George W. Schwenke, by the appellee, John W. McLean. The alleged connection of the appellee, the Union Depot & Railroad Company, with the transaction is set forth in the fifth paragraph of plaintiff’s complaint, in the following language, to wit: “(5) That the said defendant, John W. McLean, was then and there in the employ of the said defendant company as a watchman, and committed the' wrongs and grievances hereinafter set forth at the…
1Opinion of the CourtJustice Hayt
Did the court err in taking the case from the jury and entering a judgment of nonsuit? An answer to this question involves an examination of the evidence introduced upon the trial. The appellant, who was a witness in his own behalf, testified, inter alia, that at the time he was arrested he demanded of McLean the production of a warrant, and that McLean first told him he had a warrant for his arrest, but afterwards told him he had none. The witness also testified that some one knocked him down and that McLean got upon him with his knees on his breast, and that when he (witness) got up he was…
2Cases cited4 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Bruce v. FoxCourt of Appeals of Kentucky · 1833
- Baldwin v. HaydenSupreme Court of Connecticut · 1827
3Cited by11 opinions
- Guldager v. RockwellSupreme Court of Colorado · 1890
- Brent v. Bank of AuroraSupreme Court of Colorado · 1955
- Minnequa Lumber Co. v. City & County of DenverSupreme Court of Colorado · 1919
- Nicholls v. McShaneColorado Court of Appeals · 1901
- Park v. ParkSupreme Court of Colorado · 1907
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