Denver, South Park & Pacific Railway Co. v. Woodward
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. A defective switch on tlie track of the appellant caused the overturning of a car, resulting in tlie death, of James Smith who was being conveyed as a passenger over appellant’s road. Woodward, his administrator, brought an action for the use of Salome Smith, the widow. The declaration was in the ordinary form in case; plea of the general issue.
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Appeal from District Court of Arapahoe County. A defective switch on tlie track of the appellant caused the overturning of a car, resulting in tlie death, of James Smith who was being conveyed as a passenger over appellant’s road. Woodward, his administrator, brought an action for the use of Salome Smith, the widow. The declaration was in the ordinary form in case; plea of the general issue. The plaintiff below had judgment on the verdict in the sum of $5,000. The facts as well as the positions contended for in this court by the appellant are sufficiently set forth in the opinion. The…
1Opinion of the Court
'Thatcher, O. J.
This action is wholly statutory. It is founded upon section one of “an act concerning damages,” approved February 8th, A. D. 1872 (Laws of 9th session, p. 117), which provides “when the death of any person is *3caused by the wrongful act, misconduct, negligence or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she lived, against the latter for the same act, misconduct, negligence, or omission, provided the action shall be commenced within two years from…
2Cases cited9 opinions
- Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
- Pittsburg, Cincinnati & St. Louis Railway Co. v. ThompsonIllinois Supreme Court · 1870
- Wight v. WallbaumIllinois Supreme Court · 1864
- Taylor v. HosickSupreme Court of Kansas · 1874
- Vanderburgh v. BassettSupreme Court of Minnesota · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Good v. AB Chance Co.Colorado Court of Appeals · 1977
- Publix Cab Co. v. Colorado National Bank of DenverSupreme Court of Colorado · 1959
- Moffatt v. TenneySupreme Court of Colorado · 1892
- Weiss v. AxlerSupreme Court of Colorado · 1958
- Hook v. Lakeside Park CompanySupreme Court of Colorado · 1960
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