Denver, Texas & Fort Worth Railroad v. Smock
Supreme Court of Colorado
jError to the District Court of Ml Paso County. Action for damages for personal injuries received by plaintiff, Charles Smock, while in the emploj' of the defendant, The Denver, Texas & Fort Worth Railroad Company.
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jError to the District Court of Ml Paso County. Action for damages for personal injuries received by plaintiff, Charles Smock, while in the emploj' of the defendant, The Denver, Texas & Fort Worth Railroad Company. The amended complaint alleges that the injuries were" received by plaintiff while acting in the line of his duties as an employe of the defendant company on or about the 25th day of October, 1889 ; that plaintiff was at the time an express messenger, baggage master and brakeman upon a stub train running between the city of Colorado Springs and Manitou Junction, in El Paso county,…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
There are a large number of assignments of error in this case, but they may all be considered under a few heads. By the first assignment of error argued, it is stated that the complaint does not state facts sufficient to constitute a cause of action. A demurrer to the complaint was filed and overruled, and thereupon the defendant answered. The complaint alleges the defective condition of the car; the injury complained of, and that plaintiff was, at the time, in the discharge of his duty, exercising due care and skill. Appellant contends…
2Cases cited8 opinions
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Atchison, Topeka & Santa Fé Railroad v. WagnerSupreme Court of Kansas · 1885
- Ward v. WilmsSupreme Court of Colorado · 1891
- Missouri Pacific Railway Co. v. BarberSupreme Court of Kansas · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GossettIndiana Supreme Court · 1909
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Aga v. HarbachSupreme Court of Iowa · 1908
- Republic Elevator Co. v. LundCourt of Appeals for the Eighth Circuit · 1912
- Hicks v. CramerSupreme Court of Colorado · 1929
8 more not listed; retrieve them via the Exa API.