Colorado Midland R'y Co. v. O'Brien
Supreme Court of Colorado
Error to District Oowrt of Arapahoe Oounty. This was an action by Michael O’Brien, plaintiff below, against The Colorado Midland Railway Company, defendant below, to recover damages for personal injuries to the plaintiff, alleged to have been caused by the negligence of the defendant company in operating its railroad. Yerdict and judgment were rendered in favor of plaintiff for $13,000. The defendant company brings the case to this court by writ .of error.
1Opinion of the CourtJustice Elliott
The assignments of error challenge the sufficiency of the evidence to sustain the verdict; they also question the competency of certain evidence admitted, complain of the giving and refusing of certain instructions, and allege that the damages awarded by the jury were excessive, and apparently given under the influence of passion and prejudice.
The principal contention by counsel for plaintiff in error is that the evidence is not sufficient to sustain the verdict. This necessitates a review of the evidence for the purpose of ascertaining its tendency. In actions of this kind, if there be…
2Cases cited11 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Wells v. CoeSupreme Court of Colorado · 1886
- Hallack v. StockdaleSupreme Court of Colorado · 1890
- Batterson v. Chicago & Grand Trunk Ry. Co.Michigan Supreme Court · 1884
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3Cited by38 opinions
- Moffatt v. TenneySupreme Court of Colorado · 1892
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Manning v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1895
- Colorado Milling & Elevator Co. v. MitchellSupreme Court of Colorado · 1899
- Bridges v. LintzSupreme Court of Colorado · 1959
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