Colorado Milling & Elevator Co. v. Mitchell
Supreme Court of Colorado
Appeal from Court of Appeals. This action was brought by the appellee in the district court of Larimer county against appellant to recover damages for the death of her unmarried son, William M. Mitchell.
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Appeal from Court of Appeals. This action was brought by the appellee in the district court of Larimer county against appellant to recover damages for the death of her unmarried son, William M. Mitchell. For cause of action she in substance averred that on the 7th day of August, 1896, he was employed by appellant to assist in raising a smokestack at its mills, which it was then engaged in rebuilding, at the city of Fort Collins; which work was under the' immediate supervision, direction and control of one Benjamin F. Hottel, its general manager and representative; that said Hottel, acting for…
1Opinion of the CourtJustice Goddard
The question presented, and elaborately argued in the court of appeals, was as to whether the action comes within the provisions of the act of 1898, and therefore the service of notice as required by sec. 2 of the act was essential to its maintenance, or whether the facts alleged constitute a cause of action entitling plaintiff to a recovery under the act of 1877, unaffected by the later act. The court of appeals held that the complaint stated a complete cause of action, and a right to recover under the act of 1877, which was not controlled or affected by the act of 1893. It, however, based…
2Cases cited5 opinions
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Wells v. CoeSupreme Court of Colorado · 1886
- Colorado Midland R'y Co. v. O'BrienSupreme Court of Colorado · 1891
- Denver, S. P. & P. R. v. DriscollSupreme Court of Colorado · 1889
- Denver, T. & G. R. Co. v. SimpsonSupreme Court of Colorado · 1891
3Cited by24 opinions
- Bank of America National Trust & Savings Ass'n v. Angelus Cloak Co.California Court of Appeal · 1932
- Yost v. Union Pacific RailroadSupreme Court of Missouri · 1912
- Jarvis v. HitchIndiana Supreme Court · 1903
- Carlock v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1913
- Boggs v. Alabama Consolidated Coal & Iron Co.Supreme Court of Alabama · 1910
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