Colorado Electric Co. v. Lubbers
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. -Charles Lubbers, ' the appellee, brought this action against the appellant, the Colorado Electric Company, a corporation, to recover for personal injuries alleged to have been sustained by him by reason of the negligence of said company, and obtained a judgment for $5,500 damages, and costs of suit, from -which the appeal herein was'taken.
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Appeal from District Court of Arapahoe County. -Charles Lubbers, ' the appellee, brought this action against the appellant, the Colorado Electric Company, a corporation, to recover for personal injuries alleged to have been sustained by him by reason of the negligence of said company, and obtained a judgment for $5,500 damages, and costs of suit, from -which the appeal herein was'taken. The answer denies the allegations of the complaint in the main, and charges the plaintiff with contributory negligence. At the time of the alleged injuries, to wit, in December, 1881, the defendant was engaged…
1Opinion of the Court
De France, C.
We are of the opinion that no error was committed by the court in overruling the motion for a nonsuit, or in giving the instruction complained of. The questions of negligence, and of contributory negligence, were questions of fact to be determined by the jury from the evidence in the case; and the instruction in question, when taken in connection with the testimony and the other instructions given, contains no error. The plaintiff was allowed to prove by the witness Geagan, over the objection of the defendant, that, subsequent to the accident complained of, the defendant put up…
2Cases cited1 opinion
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
3Cited by8 opinions
- Diamond Rubber Co. v. HarrymanSupreme Court of Colorado · 1907
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
- Thorpe v. City and County of DenverColorado Court of Appeals · 1971
- Anson v. EvansSupreme Court of Colorado · 1893
- Smith v. Illinois Power Co.Appellate Court of Illinois · 1935
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