Brasher v. Denver & R. G. R'y Co.
Supreme Court of Colorado
Appeal from Superior Court of Denver. The appellant, Benjamin P. Brasher, brought his action against the appellee in the court below, alleging in his complaint, in substance, that the defendant was a corporation duly organized and doing business as a common carrier and warehouseman of goods and chattels for hire at all the times mentioned in the complaint; that the plaintiff, in partnership with his brother, under the'firm name of Brasher Bros., on or about the 19th day of…
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Appeal from Superior Court of Denver. The appellant, Benjamin P. Brasher, brought his action against the appellee in the court below, alleging in his complaint, in substance, that the defendant was a corporation duly organized and doing business as a common carrier and warehouseman of goods and chattels for hire at all the times mentioned in the complaint; that the plaintiff, in partnership with his brother, under the'firm name of Brasher Bros., on or about the 19th day of April, A. D. 1881, received from their traveling agent, J. J. Sims, an order purporting to come from P. J. Keegan and…
1Opinion of the CourtJustice Hayt
Of the eleven assignments of error in this case those only which question the right of the court to enter the judgment of nonsuit have been argued. Those not argued relate to the rejection by the trial court of certain evidence offered by appellant, which evidence becomes immaterial under the view taken of the case in this opinion. The gist of the plaintiff’s action is the alleged wrongful delivery of the goods to Michael W. Keegan by the defendant company, and if there was not sufficient evidence to warrant the submission of that question to the jury, then the judgment of nonsuit was…
2Cases cited4 opinions
- Chivington v. Colorado Springs Co.Supreme Court of Colorado · 1886
- Behrens v. Kansas Pacific Railway Co.Supreme Court of Colorado · 1880
- Denver, South Park & Pacific R. R. v. PickardSupreme Court of Colorado · 1884
- Melvin v. LatshawSupreme Court of Colorado · 1873
3Cited by4 opinions
- Savage v. PeltonColorado Court of Appeals · 1891
- Williams v. WilliamsColorado Court of Appeals · 1892
- Williams v. WilliamsColorado Court of Appeals · 1892
- Savage v. PeltonColorado Court of Appeals · 1891