Legal Opinion
McCarty-Johnson Heating & Engineering Co. v. Frankel
Supreme Court of Colorado
Decided October 3, 1921No. 10,165PublishedCited by 7 opinions
Action in damages. Judgment for plaintiff. On Application for Supersedeas. Error to the District Court of the City and County of Denver, Hon. Charles C. Butler, Judge.
1Opinion of the CourtJustice Burke
Defendant in error brought this action in the county court of the City and County of Denver against plaintiff in error for damages in the sum of $453. It is not disputed that it was there tried without a jury, that the findings were in favor of defendant in error on the question of negligence, and that the full amount prayed for was awarded. On appeal to the district court the cause was tried to a jury, which, after lengthy deliberation, sent the following communication to the court:
“Hon. Chas. Butler: There is no possibility of the jury agreeing in this case. F. N. Briggs, Foreman.”
Whereupon…
2Cases cited2 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Doody v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
3Cited by7 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Cottingham v. Star Bus LineSupreme Court of Colorado · 1963
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Belcaro Realty Investment Co. v. NortonSupreme Court of Colorado · 1939
- Belcaro Realty Investment Co. v. NortonSupreme Court of Colorado · 1939
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