Burlington & Colorado R. R. v. Liehe
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Appellee, William Liehe, as plaintiff below in his complaint alleges the incorporation of the defendant, the Burlington & Colorado railroad company, the appellant here, and states : That the plaintiff was in the employ of defendant as a common laborer upon the road-bed and track of defendant company at the time of the injury complained of.
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Appeal from District Court of Arapahoe County. Appellee, William Liehe, as plaintiff below in his complaint alleges the incorporation of the defendant, the Burlington & Colorado railroad company, the appellant here, and states : That the plaintiff was in the employ of defendant as a common laborer upon the road-bed and track of defendant company at the time of the injury complained of. That in Nov., 1887, in the county of Weld, in this state, while the plaintiff was in the usual course of his employment, the section boss, or foreman, of the defendant company, ordered the plaintiff to place…
1Opinion of the CourtChief Justice Hayt
The plaintiff in this case was engaged in the performance of ordinary labor upon defendant’s track and road-bed; labor *283in which no machinery or- tools were used requiring particular skill or care. The hand-car, the breaking of the rod of which it is alleged caused the injury complained of, was used .for the purpose of transporting appellee and other workmen along the track. No special skill was required in the use of this hand-car. At the time of receiving the injury complained of, appellee had quit work and with others was returning to the section house for dinner. He had been in the…
2Cases cited4 opinions
- Wells v. CoeSupreme Court of Colorado · 1886
- Louisville & Nashville Railroad v. OrrIndiana Supreme Court · 1882
- Colorado Central R. R. v. OgdenSupreme Court of Colorado · 1877
- Crutchfield v. . R. D. R. R. Co.Supreme Court of North Carolina · 1877
3Cited by30 opinions
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Thomas v. CareySupreme Court of Colorado · 1899
- Chicago, B. & Q. R. v. ShalstromCourt of Appeals for the Eighth Circuit · 1912
- Kent Manufacturing Co. v. ZimmermanSupreme Court of Colorado · 1910
- Monarch Mining & Development Co. v. DeVoeSupreme Court of Colorado · 1906
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