Ristine v. Blocker
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County, Blocker came to Divide over the line of a connecting road and attempted to become a passenger on the Colorado Midland when its train reached that station. He took passage and continued to ride until he was put off the train at a switch shortly out of the station. The circumstances of his ejectment were matters of proof by various witnesses.
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Appeal from the District Court of Arapahoe County, Blocker came to Divide over the line of a connecting road and attempted to become a passenger on the Colorado Midland when its train reached that station. He took passage and continued to ride until he was put off the train at a switch shortly out of the station. The circumstances of his ejectment were matters of proof by various witnesses. The whole controversy grew out of Blocker’s attempt to ride on the train without the payment of his fare. He was an employee of another railroad corporation running out of Chicago, and had in some way been…
1Opinion of the CourtBissell, P. J.
On this record we are confronted with the inquiry, whether a railroad company can be mulcted in exemplary or punitive damages for the acts of a conductor done while he is engaged in the performance of his duties.
Prior to the enactment of the statute it would not have been debatable. Long ago in elaborate and fully considered opinions, reviewing the whole subject, the supreme court decided that exemplary damages could not be recovered in civil actions sounding in tort where the injury done admitted of a criminal prosecution. The court went no further in the Hobbs case than to inhibit the…
2Cases cited4 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Murphy v. HobbsSupreme Court of Colorado · 1884
- Greeley, S. L. & P. R'y Co. v. YeagerSupreme Court of Colorado · 1888
- Denver Tramway Co. v. CloudColorado Court of Appeals · 1895
3Cited by6 opinions
- Bullerdick v. PritchardSupreme Court of Colorado · 1932
- Asmussen v. Post Printing & Publishing Co.Colorado Court of Appeals · 1914
- Fulton Investment Co. v. FraserSupreme Court of Colorado · 1924
- Great Western Railway Co. v. DrorbaughColorado Court of Appeals · 1913
- Great Western Railway Co. v. DrorbaughColorado Court of Appeals · 1913
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