Kansas Pacific Railway Co. v. Lundin
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Ltjndin, as administrator of John Sodonquest, brought an action on the case under the statute (act of 1872, page 117), for the use of the surviving father, mother, brother and sister of Sodonquest, against the Kansas Pacific Railway Company, for injuries occasioned by the alleged negligence of the railway company, resulting in the death of the intestate.
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Appeal from District Court of Arapahoe County. Ltjndin, as administrator of John Sodonquest, brought an action on the case under the statute (act of 1872, page 117), for the use of the surviving father, mother, brother and sister of Sodonquest, against the Kansas Pacific Railway Company, for injuries occasioned by the alleged negligence of the railway company, resulting in the death of the intestate. The declaration alleges that Sodonquest was a passenger on one of the trains of defendant from Mirage, Coloradopto Denver; that by reason of unskillfulness, neglect and the imperfect construction…
1Opinion of the CourtHallett, C. J.
Briefly stated, the facts in this case, as given in evidence at the trial below, appear to be as follows :
In July, 1872, a violent rain storm occurred on the line of appellant’s road, and produced a flood in a dry ravine or arroya, called Coon creek, which falls into Big Sandy creek. Thereby an embankment leading up to a bridge at the mouth of the arroya was washed out, and a midnight train, bearing appellee’s intestate as a passenger, plunged *98into the chasm, and the latter, with others, was killed. Negligence is not imputed to the persons in charge of the train, but the question is, whether…
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