Denver & Rio Grande Railroad v. Scott
Supreme Court of Colorado
Appeal from the District Court of El Paso County: Hon. Louis W. Cunningham, Judge. On December 20, 1900, the appellee was in the employ of the appellant as a fireman, and on the evening of that day was in that capacity on an engine pulling a freight train' consisting of 16 loaded and 12 empty cars which left Cumbres station and began the descent of the western. slope of the San Juan range in southwestern Colorado.
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Appeal from the District Court of El Paso County: Hon. Louis W. Cunningham, Judge. On December 20, 1900, the appellee was in the employ of the appellant as a fireman, and on the evening of that day was in that capacity on an engine pulling a freight train' consisting of 16 loaded and 12 empty cars which left Cumbres station and began the descent of the western. slope of the San Juan range in southwestern Colorado. After the train had passed Coxo, a mile and a half from Cumbres, the air brakes did not take hold with effect, and, owing to the steep grade, the train attained a velocity of 35 or…
1Opinion of the CourtJustice Goddard
1. Among other affirmative defenses the defendant pleaded the release set out in the foregoing statement as an accord and satisfaction of the claim sued on. The plaintiff replied that at the time he signed the release “he was mentally incompetent to understand what he was doing and that .the same was procured by misrepresentation and fraud on the part of the claim agent.” Upon this issue the defendant introduced the release, the check by which the consideration mentioned in the release was paid and the receipt for such payment, and the testimony of Mr. Mitchell and Beverly G. Honeyman,…
2Cases cited10 opinions
- Brown v. MitchellTexas Supreme Court · 1895
- Wells v. CoeSupreme Court of Colorado · 1886
- Burlington & Colorado R. R. v. LieheSupreme Court of Colorado · 1892
- Farrell's Administrator v. Brennan's AdministratrixSupreme Court of Missouri · 1862
- Denver Tramway Co. v. NesbitSupreme Court of Colorado · 1896
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3Cited by6 opinions
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- Tunnel Mining and Leasing Co. v. CooperSupreme Court of Colorado · 1911
- Denver City Tramway Co. v. CowanSupreme Court of Colorado · 1911
- Denver & Rio Grande Railroad Co. v. GannonSupreme Court of Colorado · 1907
- Odell v. Public Service CompanySupreme Court of Colorado · 1965
1 more not listed; retrieve them via the Exa API.