Denver, S. P. & P. R. v. Driscoll
Supreme Court of Colorado
Appeal from District Court of Lake County. This is an action for damages for personal injuries received by the appellee, Jerry Driscoll, who was plaintiff below, while in the employ of the appellant. Appellant was extending its line of railroad, and for that purpose had placed one Manly in full charge of the track-laying. Appellee was hired by Manly, and was under his directions and control at the time of the accident.
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Appeal from District Court of Lake County. This is an action for damages for personal injuries received by the appellee, Jerry Driscoll, who was plaintiff below, while in the employ of the appellant. Appellant was extending its line of railroad, and for that purpose had placed one Manly in full charge of the track-laying. Appellee was hired by Manly, and was under his directions and control at the time of the accident. The car upon which appellee was riding at the time was a small flat-car, without brakes. To check the speed of this' car in going down grade, a stick was run through a hole in…
1Opinion of the CourtJustice Hayt
1. The first assignment of error relates to the ruling of the court in sustaining appellee’s challenge for cause to M. D. Altman, one of the jurors called in the case. It is contended upon the part of the appellant that, as the appellee was bound to maintain the issues in the case upon the trial by a preponderance of the evidence, the answers of the juror only amounted to a statement of that which he would be bound to do under the law, and therefore constituted no cause for challenge. We do not agree with counsel upon this proposition, as from the answers it seems that it was as a favor to…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. CollinsCourt of Appeals of Kentucky · 1865
- Colorado Central R. R. v. OgdenSupreme Court of Colorado · 1877
- Wright v. New York Central Rail RoadNew York Supreme Court · 1858
- Brown v. SennettCalifornia Supreme Court · 1885
- Summerhays v. Kansas Pacific Railway Co.Supreme Court of Colorado · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Babcock v. PeopleSupreme Court of Colorado · 1889
- Colorado Midland R'y Co. v. O'BrienSupreme Court of Colorado · 1891
- Colorado Milling & Elevator Co. v. MitchellSupreme Court of Colorado · 1899
- Beresford v. American Coal Co.Supreme Court of Iowa · 1904
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
13 more not listed; retrieve them via the Exa API.