Denver & Rio Grande R. R. v. Iles
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. The plaintiff (appellee) was a member of an engineering party employed by tbe defendant company, and claims to have been injured while in the discharge of his duties.
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Appeal from the District Court of Arapahoe County. The plaintiff (appellee) was a member of an engineering party employed by tbe defendant company, and claims to have been injured while in the discharge of his duties. While the nature and extent of these injuries, consisting of a dislocation of plaintiff’s shoulder and a partial fracture, or bruise, of the bone of the upper arm, are not in this action material, it may not be inappropriate to remark that they have not seriously or permanently disabled him, and according to the testimony of his own witnesses, his condition at the trial was…
1Opinion of the CourtChief Justice Campbell
delivered the opinion of the court.'
We are much impressed with the force of the argument of appellant’s counsel that a judgment of dismissal entered by the court upon the motion of the defendant at the close of plaintiff’s testimony, upon the ground that a sufficient case has not been made to go to the jnry, is as much a judgment on the merits as though the defendant had proceeded to introduce its testimony, and after all the testimony was in the court had directed a verdict, or the jury had found, for the defendant. But the rule as laid down ■ by the text writers, and supported by the cases,…
2Cases cited9 opinions
- Hallack v. LoftSupreme Court of Colorado · 1893
- Lytton v. BairdIndiana Supreme Court · 1884
- Givens v. WheelerSupreme Court of Colorado · 1882
- Tripp v. FiskeSupreme Court of Colorado · 1877
- Cairo & St. Louis Railroad v. MurrayIllinois Supreme Court · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Western Distributing Co. v. DiodosioSupreme Court of Colorado · 1992
- Beals v. ConeSupreme Court of Colorado · 1900
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Vigil v. GarciaSupreme Court of Colorado · 1906
- Solidfx, LLC v. Jeppesen Sanderson, Inc.District Court, D. Colorado · 2013
6 more not listed; retrieve them via the Exa API.