Pueblo Electric Street Ry. Co. v. Sherman
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. On the evening of January 11, 1896, appellee was injured by a car operated by appellant, and brought this action to recover damages resulting from such injury."
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Appeal from the District Court of Pueblo County. On the evening of January 11, 1896, appellee was injured by a car operated by appellant, and brought this action to recover damages resulting from such injury." On the trial his evidence, in substance, was, that he had permission from the motorman in charge of the car by which he was injured to ride thereon the evening in question, and, with his consent, made several round trips during that period, from a point between the terminals of the line over which this car was operated and one of such terminals, and in so doing, rode with the motorman,…
1Opinion of the CourtJustice Gabbert
Counsel for appellant insist, first, that the act of the motorman, in allowing appellee to ride without payment of fare, was in direct violation of his orders; without the scope of his authority, and having no proper permit to ride, the company was under no obligations to appellee as a passenger; second, that appellee, by reason of his age, was capable of comprehending the danger incident to alighting from a moving car, and his act in this respect being the proximate cause of the accident, he is precluded from maintaining this action. These propositions will be considered together.
The…
2Cases cited7 opinions
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- Russell v. IrbySupreme Court of Alabama · 1848
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