Kansas Pacific Railway Co. v. Twombly
Supreme Court of Colorado
Appeal from District Oourt of Arapahoe Oounty. This was an action on the case under the statute (act of 1872, p. 117), by Louisa Twombly, as administratrix of the estate of George W. K. Twombly, against the Kansas Pacific Railway Company, to recover damages for the death of the intestate, caused, as she alleged, by the negligence of the defendant in the management of a switch engine then being run on the defendant’s track, at the intersection of I and Wynkoop streets in the…
Read the full summary
Appeal from District Oourt of Arapahoe Oounty. This was an action on the case under the statute (act of 1872, p. 117), by Louisa Twombly, as administratrix of the estate of George W. K. Twombly, against the Kansas Pacific Railway Company, to recover damages for the death of the intestate, caused, as she alleged, by the negligence of the defendant in the management of a switch engine then being run on the defendant’s track, at the intersection of I and Wynkoop streets in the city of Denver. The cause was tried at the September term, 1873, of the district court of Arapahoe county, resulting in…
1Opinion of the CourtHallett, C. J.
At the last term we examined the bill of exceptions in this record, and the time and manner in which it was perfected, and arrived at the conclusion that the several rulings of the court in admitting and rejecting testimony at the trial, and in directions to the jury were not properly preserved, and that the only matter presented for review in this court is the ruling upon the motion for new trial. 2 Col. 559. According to that 'decision and an earlier case (2 Col. 169), the only question for present consideration is the finding of the jury, which we cannot disturb, unless it appears to be…
2Cases cited5 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Whiton v. Chicago & N. W. R.U.S. Circuit Court for the District of Eastern Wisconsin · 1870
3Cited by4 opinions
- Moffatt v. TenneySupreme Court of Colorado · 1892
- Denver Tramway Co. v. OwensSupreme Court of Colorado · 1894
- Denver & Rio Grande Railroad v. SpencerSupreme Court of Colorado · 1900
- Aspen Times Publishing Co. v. RussellSupreme Court of Colorado · 1892