Colorado Central R. R. v. Holmes
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Catharine Hoi-mes, the appellee, brought her action in the District Court against the appellant for personal injury sustained by her while walking on the track of appellant, and recovered judgment for $5,000. To reverse that judgment this appeal was prayed; the facts necessary to a proper understanding of the case are stated in the opinion.
1Opinion of the CourtStone, J.
In treating upon the right of redress for injuries caused by the negligence of another, Mr. Cooley, in his recent work upon Torts, says, p. 659: “ The first requisite in establishing negligence is to show the existence of the duty which it is supposed has not been performed. A duty may be general and owing to everybody, or it may be particular and owing to a single person only, by reason of his peculiar position. * * * But a duty owing to everybody can never become the foundation of an action until some individual is placed in a position which gives him particular occasion to insist on its…
2Cases cited6 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Pittsburg & Connellsville Railroad v. AndrewsCourt of Appeals of Maryland · 1874
- Indianapolis & Cincinnati Railroad v. RutherfordIndiana Supreme Court · 1867
- Illinois Central Railroad v. HallIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Wells v. CoeSupreme Court of Colorado · 1886
- Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
16 more not listed; retrieve them via the Exa API.