Gallagher Transfer & Storage Co. v. Public Service Co.

I regret my inability to concur in the Court’s opinion, and shall very briefly state my reasons. The opinion reverses the judgment on two grounds: 1. Lack of proof of negligence. 2. Lawson was not at the time of the accident an employee of the Gallagher Company.

*1721. I do not think the court has shown a distinction between the negligence alleged in this case and that in Straight v. Western Light & Power Co., 73 Colo. 188, 214 Pac. 397, cited in the opinion. It strikes me that the statement in behalf of Lawson’s non-negligence could with all propriety have been made in behalf of Straight in that…