New York & Colorado M. S. & Co. v. Rogers
Supreme Court of Colorado
Appeal from District Court of Chaffee County. This action was brought by plaintiff, Bogers, to recover damages for physical injuries suffered while in the employ of the appellant company. Bogers, being a carpenter, was cribbing at the bottom of a shaft some fifty feet in depth. Tools and materials of various kinds for the work were lowered to him by means of a windlass and bucket.
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Appeal from District Court of Chaffee County. This action was brought by plaintiff, Bogers, to recover damages for physical injuries suffered while in the employ of the appellant company. Bogers, being a carpenter, was cribbing at the bottom of a shaft some fifty feet in depth. Tools and materials of various kinds for the work were lowered to him by means of a windlass and bucket. The bucket became detached from the rope to which it was fastened and fell or slid, the shaft not being exactly perpendicular, to the bottom, striking plaintiff upon the head and legs, and bruising other parts of…
1Opinion of the CourtHelm, J.
The ground of recovery upon which plaintiff below relied was negligence on the part of defendant in not furnishing and maintaining safe machinery or appliances for the work in which he was engaged. The .rule upon this subject is familiar. It will be found sufficiently stated in Wells v. Coe, 9 Colo. 159.
As to the defective condition of the appliance in use, and the negligence of defendant in connection therewith, the evidence is conflicting. The witnesses upon this question offered by the respective parties are about equal in number, and where conflicts occur the jury undoubtedly accepted the…
2Cases cited1 opinion
- Wells v. CoeSupreme Court of Colorado · 1886
3Cited by12 opinions
- Lancaster v. PeopleSupreme Court of Colorado · 1980
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Wilson v. St. Joe Boom Co.Idaho Supreme Court · 1921
- Roberts v. Port Blakely Mill Co.Washington Supreme Court · 1902
- Hyvonen v. Hector Iron Co.Supreme Court of Minnesota · 1908
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