Denver & Rio Grande Railroad v. Sullivan
Supreme Court of Colorado
Appeal from the District Court of Las Animas County. This is an action brought by George W. Sullivan against The Denver & Rio Grande Railroad Company to recover damages for injuries alleged to have occurred by reason- of the negligence of appellant in constructing and keeping in repair its railroad track. At the time of the accident appellee was in the employ of The Union Pacific, Denver & Gulf Railway Company as brakeman.
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Appeal from the District Court of Las Animas County. This is an action brought by George W. Sullivan against The Denver & Rio Grande Railroad Company to recover damages for injuries alleged to have occurred by reason- of the negligence of appellant in constructing and keeping in repair its railroad track. At the time of the accident appellee was in the employ of The Union Pacific, Denver & Gulf Railway Company as brakeman. This company was a part of the Union Pacific Railway system, and at this time The Union Pacific Railway Company ran its trains over the line of The Denver & Rio Grande…
1Opinion of the CourtJustice Goddard
It is manifest from the instructions under which the evidence was submitted to the jury, and the special findings, that the derailment of the car upon which appellee was standing at the time was occasioned by a defect in the track; and hence the negligence upon which the appellee bases his right of recovery against the appellant would also constitute a cause of action against his employer, The Union Pacific Railway Company, it being the duty of that company, as well as of the appellant, to see that the road over which it ran its cars was safe and in good repair. The same duty devolved upon it…
2Cases cited9 opinions
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Wabash, St. Louis & Pacific Railway Co. v. PeytonIllinois Supreme Court · 1883
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
- Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1879
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3Cited by32 opinions
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- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
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- Cingoranelli v. St. Paul Fire & Marine Insurance Co.Supreme Court of Colorado · 1983
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HilligossIndiana Supreme Court · 1908
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