Denver & Rio Grande Railroad v. Spencer
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This is an action brought by Henry C. Spencer, Louis E. Spencer and Mary E. Dudley, to recover damages for the death of their father, Charles H. Spencer, alleged to have been caused by the negligence of the Denver & Rio Grande .Railroad Company.
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Appeal from the District Court of Arapahoe County. This is an action brought by Henry C. Spencer, Louis E. Spencer and Mary E. Dudley, to recover damages for the death of their father, Charles H. Spencer, alleged to have been caused by the negligence of the Denver & Rio Grande .Railroad Company. It appears that on August 16, 1892, the deceased went to the depot of defendant company at Colorado Springs to meet his daughter-in-law, who was expected to arrive from Denver on the south bound train, which was due at that place on the afternoon of that day. • There are several tracks running north…
1Opinion of the CourtJustice Goddard
*11Error is assigned upon the admission of certain evidence, and the giving of certain instructions. For the purpose of showing that deceased was upon the depot. grounds at the time the accident occurred, to meet his daughter-in-law, who was expected to arrive on defendant’s train, witnesses were permitted to testify over defendant’s objection, that they heard him make an arrangement to that effect with her a few days previous. Counsel for appellant insist that this testimony was mere hearsay, and therefore inadmissible. We do not so regard it. The conversation testified to was explanatory of,…
2Cases cited3 opinions
- Pierce v. ConnersSupreme Court of Colorado · 1894
- Chicago, Rock Island & Pacific Railway Co. v. CrismanSupreme Court of Colorado · 1893
- Denver & Berkeley Park Rapid Transit Co. v. DwyerSupreme Court of Colorado · 1894
3Cited by24 opinions
- State v. MortensenUtah Supreme Court · 1903
- Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
- State v. FarnamOregon Supreme Court · 1916
- Alexander Film Company v. Industrial CommissionSupreme Court of Colorado · 1957
- Denver & Rio Grande Railroad v. SpencerSupreme Court of Colorado · 1900
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