Clifford v. Denver, South Park & Pacific Railroad
Supreme Court of Colorado
Error to District Court of Arapahoe County. Plaintiff was hired as a day-laborer on the construction of defendant’s road. His contract provided that defendant should furnish him with “good and suitable board and lodging.”
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Error to District Court of Arapahoe County. Plaintiff was hired as a day-laborer on the construction of defendant’s road. His contract provided that defendant should furnish him with “good and suitable board and lodging.” The amended complaint contains the following among other averments: “That some time after plaintiff commenced said work the camp of defendant, which was constructed by said defendant for the purpose of boarding.and lodging plaintiff, and the force of hands employed by defendant company in building said wagon road, was moved further westward by said defendant, and further…
1Opinion of the CourtHelm, J.
To sustain the judgment of the district court, counsel for defendant in error urge a single proposition, viz., that the amended complaint does not state facts sufficient to constitute a cause of action. The wording of this complaint might have been better, but we do not deem it fatally obnoxious to the foregoing objection. The action is based upon defendant’s negligence, and the rules of pleading applicable did not require a statement of the exact number, quality, weight, and condition of the blankets or other covering provided. The averment that plaintiff “was compelled to sleep on the cold,…
2Cases cited1 opinion
- Streeter v. Marshall Silver Mining Co.Supreme Court of Colorado · 1879
3Cited by6 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Schumaker v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1891
- Clark v. WallaceSupreme Court of Colorado · 1911
- Lawrence v. Heidbreder Ice Co.Missouri Court of Appeals · 1906
- King v. Interstate Consolidated R.R. Co.Supreme Court of Rhode Island · 1902
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