Atchison, Topeka & Santa Fe R. R. v. Farrow
Supreme Court of Colorado
Appeal from, District Court of Pueblo County. The complaint in this case, filed in the district court of Pueblo county, alleges: (C That the plaintiff is the mother of one James F. Farrow, now deceased, and that at the time of the death of said James F. Farrow the plaintiff was, and now is, the only surviving parent of said deceased, and said deceased at the time of his death, and at all times prior thereto, was an unmarried man; and plaintiff further avers that said…
Read the full summary
Appeal from, District Court of Pueblo County. The complaint in this case, filed in the district court of Pueblo county, alleges: (C That the plaintiff is the mother of one James F. Farrow, now deceased, and that at the time of the death of said James F. Farrow the plaintiff was, and now is, the only surviving parent of said deceased, and said deceased at the time of his death, and at all times prior thereto, was an unmarried man; and plaintiff further avers that said deceased was born in lawful wedlock. “ The defendant is a railroad corporation, organized under the laws of the then territory,…
1Opinion of the CourtHelm, J.
Counsel for both parties in this case concede the common law doctrine that “The servant assumes all the ordinary risks of the service upon which he enters, including those risks which arise from the negligence of other servants of the same master in the same employment.” Dillon v. U. P. R'y Co. 3 Dillon C. C. R. 320.
This general doctrine is not without qualifications, but it is unnecessary for us to consider at this time any of these qualifications, save the one which it is claimed our statute imposes. Neither is it necessary for us to discuss the various reasons existing in favor of the…
2Cases cited5 opinions
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Schultz v. Pacific RailroadSupreme Court of Missouri · 1865
- Connor v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1875
- Carle v. Bangor & Piscataqis Canal & RailroadSupreme Judicial Court of Maine · 1857
- State v. Maine Central RailroadSupreme Judicial Court of Maine · 1872
3Cited by17 opinions
- Strode v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Romero v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1903
- F. M. Davis Iron Works Co. v. WhiteSupreme Court of Colorado · 1903
- Hopper v. Denver & R. G. R.Court of Appeals for the Eighth Circuit · 1907
- Denver & Rio Grande Railroad v. WarringSupreme Court of Colorado · 1906
12 more not listed; retrieve them via the Exa API.