Denver, South Park & Pacific R. R. v. Pickard
Supreme Court of Colorado
Appeal from, District Court of Chaffee County. The facts are stated in the opinion.
1Opinion of the CourtBeck, C. J.
This was an action against the railroad company for damages alleged to have resulted to the plaintiff from its negligence.
Judge Cooley says: “Where negligence is the ground of an action, it devolves on the plaintiff to trace the fault for his injury to the defendant, and for this purpose he must show the circumstances under which it occurred. If from these circumstances it appears that the fault was mutual, or, in other words, that contributory negligence is fairly imputable to him, he has, by showing them, disproved his right to recover.” Cooley on Torts, p. 678.
The plaintiff’s in jury,…
2Cases cited4 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Behrens v. Kansas Pacific Railway Co.Supreme Court of Colorado · 1880
- Illinois Central Railroad v. AbleIllinois Supreme Court · 1871
- Beauchamp v. I. & G. N. R'y Co.Texas Supreme Court · 1882
3Cited by11 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Union Coal & Coke Co. v. SundbergSupreme Court of Colorado · 1906
- Gunn v. United Railways Co.Supreme Court of Missouri · 1917
- Brasher v. Denver & R. G. R'y Co.Supreme Court of Colorado · 1888
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