Denver & Rio Grande Railroad v. Sipes
Supreme Court of Colorado
JSrror to the District Court of Arapahoe County. This is an action brought by Hattie Sipes to recover damages for the death of her husband, George Sipes, who was killed on the night of May 7, 1890. His death was caused by the derailing of an engine upon which he was engaged in the line of his duty as fireman, while in service of the defendant company.
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JSrror to the District Court of Arapahoe County. This is an action brought by Hattie Sipes to recover damages for the death of her husband, George Sipes, who was killed on the night of May 7, 1890. His death was caused by the derailing of an engine upon which he was engaged in the line of his duty as fireman, while in service of the defendant company. The accident occurred near a place called “ Fountain,” where the company, in the operation of its road, had a sidetrack for the purpose of allowing its trains to pass. The engine upon which deceased was employed was pulling a passenger train…
1Opinion of the CourtJustice Goddard
It is undisputed that the switch at the south end of the sidetrack was negligently left open hy the employés of the company, and that the derailment of the engine upon which the deceased was employed was caused thereby. It may also be conceded that, under the rules of the company, the conductor in charge of the freight train was responsible for that neglect. The question, therefore,' of the liability of the company for such neglect on his part, is squarely presented, and the correctness of the law given by the court below upon this branch of the case is the principal question presented for…
2Cases cited9 opinions
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Slattery's Administrator v. Toledo & Wabash Railway Co.Indiana Supreme Court · 1864
- Miller v. Southern Pacific Co.Oregon Supreme Court · 1891
- Denver, S. P. & P. R. v. DriscollSupreme Court of Colorado · 1889
- Deep Mining & Drainage Co. v. FitzgeraldSupreme Court of Colorado · 1895
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3Cited by7 opinions
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- Carleton Mining & Milling Co. v. RyanSupreme Court of Colorado · 1902
- Poorman Silver Mines of Colorado, Ltd. v. DevlingSupreme Court of Colorado · 1905
- O'BRIEN v. WallaceSupreme Court of Colorado · 1961
- Gast v. City of FountainColorado Court of Appeals · 1994
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