Colorado & Southern Railway Co. v. Barth

This is an action in tort for damages. The parties are here in reverse order of their appearance in the trial court and we hereinafter refer to them as plaintiff and defendant.

Plaintiff, twenty-five years age, with his family, operated a greenhouse near Englewood, Colorado. One of his duties was to haul coal by truck from the Monarch mine in Boulder county to his place of employment. About nine o’clock A.M. on February 25, 1942, he drove to the mine, loaded his truck with seven and one-half tons of coal and started to return to his home. He had made the trip thirty or forty times before.…