Pullman Palace Car Co. v. Barker
Supreme Court of Colorado
Appeal from. District Court of Arapahoe County. The appellee, the plaintiff below, had judgment, on the verdict of a jury, in the sum of $1,480.00. The facts are sufficiently stated in the opinion.
1Opinion of the CourtElbeet, J.
This was an action on the case brought by Diana Barker against the appellant, for injuries sustained by reason of alleged negligence.
*345The controversy, as presented by the record; respects the extent, not the fact of the appellant’s liability. While the law, out of regard for human life and safety, exacts from the carriers of passengers the utmost care and skill, it refuses to take into consideration damage remotely resulting from a breach of their contract or neglect of their duty. The maxim is causa próxima, non remota speetatur.
In cases of contract as well as of tort, where no question…
2Cases cited1 opinion
- New Orleans, Jackson, & Great Northern Railroad v. StathamMississippi Supreme Court · 1869
3Cited by15 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Chun v. ParkHawaii Supreme Court · 1969
- City of Denver v. HyattSupreme Court of Colorado · 1900
- Colorado Springs & Interurban Railway Co. v. NicholsSupreme Court of Colorado · 1907
- City of Roswell v. DavenportNew Mexico Supreme Court · 1907
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