Rocky Mountain Trucking Co. v. Taylor

OPINION

The plaintiff below was given a $25,913.35 judg ment, with costs against defendants, as damages for injuries he sustained when a large metal tank, which was being lifted by a winch operated by defendant Jordan, was suddenly lowered crushing plaintiff’s hand. A jury awarded plaintiff $35,046.05, but the court reduced this to $25,913.35, and the defendants appeal.

The facts relied upon to establish defendants’ liability are not disputed but the sufficiency of that evidence is challenged. In addition, appellants claim error because: (1) Evidence of negligence not pleaded was admitted; (2)…