Wadsworth v. Union Pacific Ry. Co.
Supreme Court of Colorado
Drror to the District Court of Park County. Action against a railway company for the killing of a horse. This action was founded upon chapter 93, General Statutes 1883, as amended by the Acts of 1885. Section 13 and amended sections 14 and 15 are as follows: “ Sec. 13. That every railroad or railway corporation or company operating any line of railroad or railway or any branch thereof, within the limits of this state, which shall damage or kill any horse, mare, gelding,…
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Drror to the District Court of Park County. Action against a railway company for the killing of a horse. This action was founded upon chapter 93, General Statutes 1883, as amended by the Acts of 1885. Section 13 and amended sections 14 and 15 are as follows: “ Sec. 13. That every railroad or railway corporation or company operating any line of railroad or railway or any branch thereof, within the limits of this state, which shall damage or kill any horse, mare, gelding, filly, jack, jenny or mule, or any cow, heifer, bull, ox, steer or calf, or any other domestic animal, by running any engine…
1Opinion of the CourtJustice Elliott
The dismissal of the action as shown by the record is assigned for error.
1. The dismissal was somewhat irregular; but it is not difficult to understand its meaning. The cause had been tried by jury resulting in a verdict in plaintiff’s favor, find*606ing that the value of the horse killed was $200, and assessing plaintiff’s damages at $400 on each of the two causes of action.
Upon consideration of defendant’s motion for a new trial, the court was of opinion that it should be allowed, and so announced its conclusion. Thereupon plaintiff declared that he elected to stand by his case as already made,…
2Cases cited17 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- The Amiable IsabellaSupreme Court of the United States · 1821
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
12 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Chartier v. Winslow Crane Service CompanySupreme Court of Colorado · 1960
- People ex rel. Colorado Tax Commission v. PitcherSupreme Court of Colorado · 1914
- Daugherty v. ThomasMichigan Supreme Court · 1913
- Mayor of Valverde v. ShattuckSupreme Court of Colorado · 1893
45 more not listed; retrieve them via the Exa API.