Denver & R. G. R. Co. v. Norgate
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Norgate sued the railroad company to recover damages for injuries to his person, caused as he alleges by the negligence of the company.
Read the full summary
In Error to the Circuit Court of the United States for the District of Colorado. Norgate sued the railroad company to recover damages for injuries to his person, caused as he alleges by the negligence of the company. He stated his cause of action as follows: “That at the times hereinafter mentioned the defendant was the owner and operator of a certain line of railroad in the state of Colorado, and was also the owner of certain railroad yards containing a large number of switches, frogs, and guard rails in the city of Pueblo, in the state of Colorado, at which place said defendant was at all…
1Opinion of the CourtCarland, District Judge
*251An examination of the evidence contained in the record has satisfied us that the question as to whether Norgate contributed by his own want of ordinary care to his injuries, was properly left by the court to the jury. Whether the coupler on the -freight car was defective and out of repair, or not, seems to be of little consequence, as the condition of the coupler does not seem to have been in any sense the proximate cause of Norgate’s injuries. He was not injured by any defect in the coupler. The business in which Norgate was engaged when he was injured was properly shown as part of the res…
2Cases cited40 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- McRickard v. . FlintNew York Court of Appeals · 1889
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Knisley v. . PrattNew York Court of Appeals · 1896
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
35 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Bolden v. Grand Rapids Operating Corp.Michigan Supreme Court · 1927
28 more not listed; retrieve them via the Exa API.