Deep Mining & Drainage Co. v. Fitzgerald
Supreme Court of Colorado
Error to the District Court of Pitlcin County. This was an action brought by the defendant in error to recover damages for personal injuries sustained by reason of the alleged negligence of the plaintiff in error.
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Error to the District Court of Pitlcin County. This was an action brought by the defendant in error to recover damages for personal injuries sustained by reason of the alleged negligence of the plaintiff in error. In substance the complaint alleges that the defendant was a corporation engaged in the business of mining in the county of Pitkin, and state of Colorado, and the particular work in which it was engaged at the time of the accident was the sinking of what was known as the “ deep shaft ” on the Homestake lode; that the plaintiff was at the time employed by the defendant as a miner to…
1Opinion of the CourtJustice Campbell
One of the errors assigned is to the giving by tbe court of the fourth instruction, which purports to state the law of contributory negligence. In the third instruction the court had defined negligence to consist in “ performing some act, or omitting to perform some act, which an ordinarily prudent and careful man would not perform, or omit to perform, under all the circumstances of a particular case.”
In instruction No. 4 the jury were told that if they found from the evidence that the injuries were caused through the negligence of Thomas, and that Thomas stood in such relation to the…
2Cases cited9 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
- Colorado Midland R'y Co. v. O'BrienSupreme Court of Colorado · 1891
- McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881
- Burlington & Colorado R. R. v. LieheSupreme Court of Colorado · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
- Tunnel Mining and Leasing Co. v. CooperSupreme Court of Colorado · 1911
- Thomas v. CareySupreme Court of Colorado · 1899
- McQueeny v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
6 more not listed; retrieve them via the Exa API.