Fairmount Cemetery Ass'n v. Davis
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County. Suit was brought by appellee, plaintiff below, against the appellant to recover damages received by the plaintiff, who was a laborer in the employ of the defendant, alleged to have been caused by the negligence of the defendant.
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Appeal from the District Court of Arapahoe County. Suit was brought by appellee, plaintiff below, against the appellant to recover damages received by the plaintiff, who was a laborer in the employ of the defendant, alleged to have been caused by the negligence of the defendant. Appellee in the early part of February, 1892, with two others was engaged in putting in and laying a drain pipe in a ditch or trench cut, 300 or 400 feet in length, and had been cut ten days or two weeks before the time of the accident. The laying of the pipe was commenced the afternoon that the injury was received. .…
1Opinion of the CourtReed, J.
It is urged in. argument that the court erred in refusing a nonsuit; that there was no evidence establishing negligence of the defendant.
This involves an examination of the evidence introduced. The facts were few and simple, and no-serious conflict of testimony.
It is said on excellent authority: “ The question whether a party has been negligent in a particular case is one of mingled law and fact. It includes two questions: (1) Whether a particular act has been performed or omitted; (2) Whether the performance or omission of this act was a breach of legal duty. The first of these is a pure…
2Cases cited11 opinions
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Burlington & Colorado R. R. v. LieheSupreme Court of Colorado · 1892
- Olson v. McMullenSupreme Court of Minnesota · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stiles v. RichieColorado Court of Appeals · 1896
- Stiles v. RichieColorado Court of Appeals · 1896