Denver & Rio Grande Railway v. Harris
Supreme Court of the United States
error to the supreme court oe the territory oe new MEXICO. This action Avas brought by James Harris, the defendant in error, against the Denver and Hio Grande Hailway Company, a .corporation of the state of Colorado, to recover damages for injuries Avliich, he alleges, Avere sustained by him, in his person, by reason of an illegal and Avrongful assault made by that company, acting by its servants and agents.
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error to the supreme court oe the territory oe new MEXICO. This action Avas brought by James Harris, the defendant in error, against the Denver and Hio Grande Hailway Company, a .corporation of the state of Colorado, to recover damages for injuries Avliich, he alleges, Avere sustained by him, in his person, by reason of an illegal and Avrongful assault made by that company, acting by its servants and agents. The plea Avas not guilty: There was a Aerdict and judgment in favor of the plaintiff for nine thousand dollars. The judgment Avas affirmed in the Supreme Court of the territory, and has…
1Opinion of the Court
Mr. Justice Harlan,
after stating the case as above reported, delivered the opinión of the court.
One of the propositions advanced by counsel for the company is this: That it appears from the plaintiff’s case, and by his evidence, that he voluntarily armed • himself, and taking the law into his own hands,, joined an illegal assembly for the purpose, if necessary, of committing murder ; that, in- the course of the riot and- rout,.he received a wound at the hands of those, whom he had sought by violence to destroy; that, under such circumstances, the law will not permit him to recover for an…
2Cases cited10 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Barry v. EdmundsSupreme Court of the United States · 1886
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
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3Cited by105 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
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