Victor Coal Co. v. Muir
Supreme Court of Colorado
Appeal from the District Court of Las Animas County. Action for personal injuries occasioned by alleged negligence. Defenses : general denial, contributory negligence, etc. Verdict and judgment for plaintiff. Defendant appeals.
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Appeal from the District Court of Las Animas County. Action for personal injuries occasioned by alleged negligence. Defenses : general denial, contributory negligence, etc. Verdict and judgment for plaintiff. Defendant appeals. The complaint, stripped of its formalities, is as follows : “ 1st. That plaintiff is a minor under the age of twenty-one years, wherefore he sues by his next friend and natural guardian, Robert Muir, and that defendant is a corporation duty incorporated and existing under and by virtue of the laws of the state of Colorado. “2d. That defendant is and was on the 17th day…
1Opinion of the CourtJustice Elliott
The principal questions requiring consideration on this appeal are: jFirst, did plaintiff’s own negligence contribute to cause the injury complained of? ¡Seeo7id, is contributory negligence a defense in an action of this kind under the statute hereinafter cited ?
1. At the time the plaintiff was injured, he was employed by the defendant company mining coal in its mine. He was working with one John McDonald, a boy fifteen years of age, in the same room or working place of the mine, when a *330rock fell from the roof of the mine, caught his right arm, and crushed it so that it had to be amputated…
2Cases cited10 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- District of Columbia v. McElligottSupreme Court of the United States · 1886
- Wells v. CoeSupreme Court of Colorado · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Ashland Coal & Iron Railway Co. v. WallaceCourt of Appeals of Kentucky · 1897
- Jones v. Oklahoma Planing Mill & Mfg. Co.Supreme Court of Oklahoma · 1915
- McLennon v. Whitney-Steen Co.Supreme Court of Colorado · 1917
12 more not listed; retrieve them via the Exa API.