Legal Opinion

City of Pueblo v. Smith

Supreme Court of Colorado

Decided September 15, 1914No. 7653PublishedCited by 10 opinions

Error to Pueblo District Court. — Hon. J. E. Rizek, Judge.

1Opinion of the CourtJustice Garrigues

Plaintiff Hugh M. Smith, a mail carrier in Pueblo, was returning to the post office on a bicycle, after his usual delivery of mail. Upon crossing Union Avenue viaduct, a general thoroughfare of the city, his wheel struck an obstruction in the floor; he fell and was injured; and for the injury sustained, he recovered judgment against the city for $5,000. It brings the case here for review.

1. There is no material dispute over the facts affecting the merits of the case. Union avenue, upon which there is constructed a viaduct about 400 feet in length and 32 feet wide, is one of the principal…

2Cases cited8 opinions

  1. Beltz v. . City of YonkersNew York Court of Appeals · 1895
  2. City of Boulder v. NilesSupreme Court of Colorado · 1886
  3. Jackson v. CrillySupreme Court of Colorado · 1891
  4. Colorado Central R. R. v. HolmesSupreme Court of Colorado · 1880
  5. Kelchner v. Nanticoke BoroughSupreme Court of Pennsylvania · 1904

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3Cited by10 opinions

  1. Parker v. City and County of DenverSupreme Court of Colorado · 1953
  2. City of Grand Junction v. LashmettSupreme Court of Colorado · 1952
  3. Livingston v. BarneySupreme Court of Colorado · 1917
  4. City & County of Denver v. BurrowsSupreme Court of Colorado · 1924
  5. City & County of Denver v. HatterSupreme Court of Colorado · 1920

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