Denver & Rio Grande Railroad v. Sipes
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This action was commenced by appellee, as plaintiff in the court below, to recover damages resulting from the death of her husband, who was killed at night-time, by the derailing of an engine, upon which he was employed by appellant, in the capacity of fireman, and is the second time it has been before this court for review.
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Appeal from the District Court of Arapahoe County. This action was commenced by appellee, as plaintiff in the court below, to recover damages resulting from the death of her husband, who was killed at night-time, by the derailing of an engine, upon which he was employed by appellant, in the capacity of fireman, and is the second time it has been before this court for review. At the point where the accident occurred, appellant maintains a sidetrack for the purpose of allowing trains to pass, and a freight, coming north, took this sidetrack, and in order to enable it to do so, the forward…
1Opinion of the CourtJustice Gabbert
delivered the opinion of the court..Counsel for appellant assign as error the. giving and refusal of instructions ; admitting evidence regarding the custom of carrying a red light in the cupola; submitting the special interrogatories, because leading and not based upon the evidence.
The propositions raised by appellant on the errors assigned, except that relating to the leading character of the special interrogatories submitted, are dependent for solution upon what the evidence tends to establish, or does establish, on these questions: First, what was the proximate cause of the accident ?…
2Cases cited11 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Corcoran v. . HolbrookNew York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Maloney v. JusselSupreme Court of Colorado · 1952
- Colorado Mortgage & Investment Co. v. GiacominiSupreme Court of Colorado · 1913
- Tanner v. HarperSupreme Court of Colorado · 1904
- Lewis v. La NierSupreme Court of Colorado · 1928
- Snyder v. Colorado Springs & Cripple Creek District Railway Co.Supreme Court of Colorado · 1906
18 more not listed; retrieve them via the Exa API.