Denver & Rio Grande Railroad v. Buffehr
Supreme Court of Colorado
Appeal from the District Court of Lake County. Action to Recover Damages for Personal Injuries. The complaint attempts to state a canse of action based on acts of the defendant showing wanton, wilful, and intentional misconduct. The answer is a general denial and a pl$a of contributory negligence by plaintiff. The evidence is not voluminous, or substantially conflicting.
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Appeal from the District Court of Lake County. Action to Recover Damages for Personal Injuries. The complaint attempts to state a canse of action based on acts of the defendant showing wanton, wilful, and intentional misconduct. The answer is a general denial and a pl$a of contributory negligence by plaintiff. The evidence is not voluminous, or substantially conflicting. The statement of the parties is accepted as to the case thereby made, with such additions from the record as the court deems inaterial. On the 6th of September, 1895, appellant railroad company owned and operated a line of…
1Opinion of the CourtChief Justice Campbell
Numerous errors are assigned, relating chiefly io the instructions of the court. The important questions discussed are, — Was the plaintiff a licensee or a trespasser? Was the plaintiff guilty of negligence that directly or proximately contributed to the injury? Was the defendant guilty of what plaintiff characterizes as gross or wilful negligence? or, speaking more accurately, was the conduct of defendant such as indicated a wilful or malicious intent to inflict injury?
We do not notice in detail the objections raised, but shall discuss and lay down the principles by which this controversy…
2Cases cited6 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Chicago, Rock Island & Pacific Railway Co. v. CrismanSupreme Court of Colorado · 1893
- Denver & Berkeley Park Rapid Transit Co. v. DwyerSupreme Court of Colorado · 1894
- Colorado Central R. R. v. HolmesSupreme Court of Colorado · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Colorado & Southern Railway Co. v. Western Light & Power Co.Supreme Court of Colorado · 1923
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
- Independent Lumber Co. v. LeatherwoodSupreme Court of Colorado · 1938
- Catlett v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1914
19 more not listed; retrieve them via the Exa API.