Atchison, Topeka & Sante Fe Railroad v. Shean
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. The action is brought by Mary E. Shean, the wife, and in behalf of Moses, Josephine and Mary Shean, the children of Thomas Shean, deceased, to recover damages against the railroad company for wrongfully causing the death of said Thomas Shean. The facts are as follows : Thomas Shean was a passanger for hire from Kansas City, Missouri, to San Francisco, California, on thh appellant company’s cars.
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Appeal from the District Court of Arapahoe County. The action is brought by Mary E. Shean, the wife, and in behalf of Moses, Josephine and Mary Shean, the children of Thomas Shean, deceased, to recover damages against the railroad company for wrongfully causing the death of said Thomas Shean. The facts are as follows : Thomas Shean was a passanger for hire from Kansas City, Missouri, to San Francisco, California, on thh appellant company’s cars. On the first day of October, 1887, the section of the train in which he was being carried arrived at La Junta, Colorado, between 8 and 9 o’clock in…
1Opinion of the CourtJustice Goddard
The ground mainly relied on in the argument before us, and the one we regard as controlling in this case, is whether, upon the evidence, the deceased at the time of the accident exercised such care as an ordinarily prudent man would exercise under like circumstances. In other words, was he guilty of such contributory negligence as would defeat a recovery ?
The fact is uncontroverted as found by the jury in answers to interrogatories Nos. 1 and 2 that the deceased did not, on approaching the track where he was injured, look or listen for an approaching train, and that if he had looked before…
2Cases cited6 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Terry v. . JewettNew York Court of Appeals · 1879
- Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
- Dieckmann v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Sellars v. Southern Pacific Co.California Court of Appeal · 1917
- Publix Cab Company v. FesslerSupreme Court of Colorado · 1959
- Denver City Tramway Co. v. HillsSupreme Court of Colorado · 1911
9 more not listed; retrieve them via the Exa API.