Farmers' High Line Canal & Reservoir Co. v. Westlake
Supreme Court of Colorado
Appeal from the District Court of Jefferson County. This action was instituted by Sarah J. Westlake, appellee, as plaintiff below, to recover from The Farmers’ High Line Canal and Reservoir Company damages for the death of her husband, Andrew Westlake, caused, as it is averred, by the negligence of the defendant company. In the district court a verdict and judgment for forty-five hundred (4500) dollars was rendered. The defendant brings the case here by appeal.
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Appeal from the District Court of Jefferson County. This action was instituted by Sarah J. Westlake, appellee, as plaintiff below, to recover from The Farmers’ High Line Canal and Reservoir Company damages for the death of her husband, Andrew Westlake, caused, as it is averred, by the negligence of the defendant company. In the district court a verdict and judgment for forty-five hundred (4500) dollars was rendered. The defendant brings the case here by appeal. The following provision of the statute is referred to in the opinion: “ Any person or persons, corporation or companjr, owning or…
1Opinion of the CourtChief Justice Hayt
The facts upon which the case must be determined are practically uncontroverted. Andrew Westlake, the deceased, *28was drowned in appellant’s ditch. The place of the accident is near to, or within the corporate limits of, the city of Golden, at a place where the wagon road from Denver to Golden passes along the steep side of one of the foothills of the Rocky Mountains, the road at the point rapidly descending toward the town of Golden. Just below this road the defendant company was operating a ditch about twenty feet in width and several feet in depth, the descent of the ditch being to the east,…
2Cases cited8 opinions
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Beall v. Township of AthensMichigan Supreme Court · 1890
- Moulton v. Inhabitants of SanfordSupreme Judicial Court of Maine · 1862
- Jackson v. Town of BellevieuWisconsin Supreme Court · 1872
- Spaulding v. Inhabitants of WinslowSupreme Judicial Court of Maine · 1883
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3Cited by3 opinions
- Stout v. Denver Park & Amusement Co.Supreme Court of Colorado · 1930
- Fiechter v. City of CorbinCourt of Appeals of Kentucky (pre-1976) · 1934
- People v. Farmers' High Line Canal & Reservoir Co.Supreme Court of Colorado · 1912