City & County of Denver v. Caton

I respectfully dissent. The court’s opinion is based largely on the proposition that this is just another jury case. It quotes seven words from the evidence, apparently as indicating that was enough to take the case to the jury, and then proceeds to say that the city failed to offer any evidence and predicates a presumption on that. That appears to me to be shifting the burden to the defendant in a negligence case.

The record discloses that' Mrs. Catón, who lived at 2550 Stout street, was employed as a pastry cook in a restaurant owned by Martin Pappas. The restaurant was located just a few…