Moffatt v. Tenney
Supreme Court of Colorado
Appeal from District Court of Lalce County. Action by wife to recover damages for the death of ber husband. Mary Tenney was plaintiff, and David H. Moffatt, Jr., Jacob J. B. DuBois, H. A. W. Tabor and James G. Blaine were defendants, in the district court. The plaintiff obtained judgment for $5,000. The defendants bring this appeal.
1Opinion of the CourtJustice Elliott
The gravamen of the complaint is, that the negligence of *191the defendants caused the death of the plaintiff’s husband, Charles Tenney, thus rendering defendants liable to plaintiff in damages under the statute. 1 Mills’ Ann. Stats., sec. 1509. The defense principally relied on is, that Tenney’s own negligence contributed to cause his death, thus defeating plaintiff’s recovery.
1. The ruling of the court denying defendant’s motion for a nonsuit is the first matter assigned for. error. The defendants introduced no evidence; but it is contended that they were entitled to a verdict and judgment as a…
2Cases cited16 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Babcock v. PeopleSupreme Court of Colorado · 1889
- Wells v. CoeSupreme Court of Colorado · 1886
- Wray v. CarpenterSupreme Court of Colorado · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Folz v. StateNew Mexico Supreme Court · 1990
- Bryant v. SilvermanArizona Supreme Court · 1985
- Stang v. Hertz CorporationNew Mexico Court of Appeals · 1970
- Pierce v. ConnersSupreme Court of Colorado · 1894
- Boies v. ColeArizona Supreme Court · 1965
44 more not listed; retrieve them via the Exa API.