Denver & Rio Grande R'y Co. v. Henderson
Supreme Court of Colorado
Appeal from County Court, Fremont County. Ti-ie present action was brought by appellee against the appellant company to recover damages for the killing of appellee’s cow by one of the company’s trains. In the-county court, appellant (defendant) filed a plea in abatement, setting up, among other things, that plaintiff had not complied with section 2571 of the General Laws, being section 2805 .of the General Statutes. The cause-was tried by a jury.
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Appeal from County Court, Fremont County. Ti-ie present action was brought by appellee against the appellant company to recover damages for the killing of appellee’s cow by one of the company’s trains. In the-county court, appellant (defendant) filed a plea in abatement, setting up, among other things, that plaintiff had not complied with section 2571 of the General Laws, being section 2805 .of the General Statutes. The cause-was tried by a jury. When plaintiff rested, appellant moved for a nonsuit, which motion was denied. Thereupon appellant offered evidence on its own behalf. Verdict and…
1Opinion of the CourtHelm, J.
No effort is made to show a compliance, or an attempted compliance by plaintiff, with the statute relating to damages for the injuring or killing of stock by railroad companies in operating their trains. Sec. 2804 et seq., Gen. St. The action, therefore, cannot be maintained under the statute, and this presents the first question we are to consider, viz., Does the statute furnish an exclusive remedy for the recovery of such damages?
At common law the owner of animals which, without fault on his part, are killed or maimed through the negligence of railroad companies, their agents or employees,…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fe R. R. v. LujanSupreme Court of Colorado · 1882
3Cited by26 opinions
- Farmers Group, Inc. v. WilliamsSupreme Court of Colorado · 1991
- Vaughan v. McMinnSupreme Court of Colorado · 1997
- Giampapa v. American Family Mutual Insurance Co.Supreme Court of Colorado · 2003
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
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