Denver & Rio Grande Railroad v. Hopkins
Supreme Court of Colorado
Action against a railroad company for killing stock. Judgment for plaintiff. Error to the District Court of Garfield County, Hon. John T. Shumate, Judge.
1Opinion of the CourtJustice Denison
This was an action to recover the value of four head of cattle killed by the defendant’s trains; three on November 7th, 1915, and one, a heifer, on November 24th, 1915. Judgment for plaintiff and the company brings error.
The complaint consists of two counts on the death of the three killed November 7th, one count for negligence at common law and the other for failure to fence under the’ statute of 1911, (S. L. 1911, p. 400,) and two similar counts in regard to the heifer killed November 24th.
As to the heifer: the only ground urged for reversal is that she was killed within the yard limits of…
2Cases cited1 opinion
- Chicago, Rock Island & Pacific Railway Co. v. EysterSupreme Court of Colorado · 1918
3Cited by1 opinion
- Davis v. Holly Sugar Corp.Supreme Court of Colorado · 1923