Denver & Berkeley Park Rapid Transit Co. v. Dwyer
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action for damages for personal injuries. Judgment for plaintiff. Defendant appeals. In July, 1890, The Denver & Berkeley Park Rapid Transit Company owned and operated a line of street railway extending from the city of Denver to Berkeley Lake. It operated the road by means of passenger cars drawn by steam motors, and was a common carrier of passengers for hire.
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Appeal from the District Court of Arapahoe County. Action for damages for personal injuries. Judgment for plaintiff. Defendant appeals. In July, 1890, The Denver & Berkeley Park Rapid Transit Company owned and operated a line of street railway extending from the city of Denver to Berkeley Lake. It operated the road by means of passenger cars drawn by steam motors, and was a common carrier of passengers for hire. The plaintiff Dwyer, at the date mentioned was an employee of the defendant company, working with others under the direction and control of a section boss or foreman, and engaged in…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
It is contended by appellant that under the allegations of the complaint the breach of duty charged consisted in the defendant company negligently carrying plaintiff past his destination, and that for .this breach at best only nominal damages are warranted.
This argument is manifestly unsound. The injuries for which damages are claimed are alleged to have been caused by crushing plaintiff “ between the steps of said motor engine and said bank. * * * ” The allegation with reference to carrying plaintiff beyond his destination is inserted as…
2Cases cited5 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Rosenbaum v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1888
- Kansas Pacific Ry. Co. v. CranmerSupreme Court of Colorado · 1879
- Silver Cord Combination Mining Co. v. McDonaldSupreme Court of Colorado · 1890
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- Arps v. City & County of DenverSupreme Court of Colorado · 1927
- Davis v. ClineSupreme Court of Colorado · 1972
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
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