Orman v. Mannix
Supreme Court of Colorado
Appeal from District Court of Lake County. Appellee, Patrick Mannix, brought this action to recover damages for the death of his son William, a minor fourteen years of age. The injury causing death is alleged to have resulted from the negligence of appellants, J. B. Orman et al., in whose employ the deceased was at the time. They were copartners engaged in the business of contracting and building railroads.
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Appeal from District Court of Lake County. Appellee, Patrick Mannix, brought this action to recover damages for the death of his son William, a minor fourteen years of age. The injury causing death is alleged to have resulted from the negligence of appellants, J. B. Orman et al., in whose employ the deceased was at the time. They were copartners engaged in the business of contracting and building railroads. And were at the time employed in grading and constructing a portion of the Colorado Midland Railway Company’s road-bed. In doing this work, appellants had in their employ a large number of…
1Opinion of the CourtChief Justice Hayt
The first assignment of error discussed by counsel relates to the sufficiency of the complaint. This question was not raised, however, in any way prior to the trial. The complaint certainly states facts sufficient to constitute a cause of action. *568A practice which would allow the raising of other objections to a pleading at the trial is not to be encouraged. Cases should be conducted in court with the least possible expense and annoyance to litigants consistent with the proper administration of justice. The Civil Code requires all mere technical or formal objections to be raised by motion or…
2Cases cited7 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Railroad Company v. FortSupreme Court of the United States · 1874
- Tucker v. ParksSupreme Court of Colorado · 1883
- City of Pueblo v. GriffinSupreme Court of Colorado · 1887
- Broderick v. Detroit Union Railroad Station & Depot Co.Michigan Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Pierce v. ConnersSupreme Court of Colorado · 1894
- Camp v. HallSupreme Court of Florida · 1897
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Lampman v. BruningSupreme Court of Iowa · 1903
- City of Highlands v. RaineSupreme Court of Colorado · 1896
14 more not listed; retrieve them via the Exa API.