Colorado & Southern Railway Co. v. Sonne
Supreme Court of Colorado
Appeal from the District Court of Gilpin County: Hon. A. H. De France, Judge. Upon the 7th day of September, 1899, appellant, who was defendant below, operated and maintained a railroad and switch yard at Black Hawk, in the county of Gilpin, in this state.
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Appeal from the District Court of Gilpin County: Hon. A. H. De France, Judge. Upon the 7th day of September, 1899, appellant, who was defendant below, operated and maintained a railroad and switch yard at Black Hawk, in the county of Gilpin, in this state. Peter Sonne, the. appellee, who was plaintiff below, was a teamster living at Central City, and had been driving a team at Black Hawk and vicinity and frequenting the switch yards of appellant for eighteen or nineteen year's. He was well acquainted with the manner of tide conducting of appellant’s business in and about the operation of its…
1Opinion of the CourtJustice Bailey
*208There are many questions raised in the record of this case, only one of which we shall consider, because it is decisive, and that is the matter of the contributory negligence of the appellee.
We are often confronted with the proposition that because the trial court gave judgment to the successful party it should be decisive of the matter. If this be true, the existence of a court of review is superfluous and an unnecessary extravagance. The judgment of nisi prius courts should be sustained when it can be done without violating the settled principles of law.
The judgment in this case can only be…
2Cases cited6 opinions
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Colorado & Southern Railway Co. v. ThomasSupreme Court of Colorado · 1905
- Colorado Central Railroad v. MartinSupreme Court of Colorado · 1884
- Chicago, Burlington & Quincy Railroad v. McGrawSupreme Court of Colorado · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
- Denver City Tramway Co. v. GustafsonColorado Court of Appeals · 1912
- Denver City Tramway Co. v. GustafsonColorado Court of Appeals · 1912
- Colorado & Southern Railway Co. v. ChilesSupreme Court of Colorado · 1911
1 more not listed; retrieve them via the Exa API.