Kansas Pacific Railway Co. v. Ward
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The facts are sufficiently stated in the opinion. The fourth and sixth assignments of error were based upon the ruling of the court on the following questions propounded to defendant’s witness at the trial: Q. J ust as that train was passed, then, state whether or not it was possible for the engineer and fireman to see the track in advance of the car 1 Plaintiff objected. Objection sustained and defendant excepted.
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Appeal from District Court of Arapahoe County. The facts are sufficiently stated in the opinion. The fourth and sixth assignments of error were based upon the ruling of the court on the following questions propounded to defendant’s witness at the trial: Q. J ust as that train was passed, then, state whether or not it was possible for the engineer and fireman to see the track in advance of the car 1 Plaintiff objected. Objection sustained and defendant excepted. Q. Fow I will get you to state to the jury whether or not a person could, by looking at that train, tell which way it was going ?…
1Opinion of the CourtElbert, J.
This is an action of trespass on the case, brought by the appellee against the appellant, to recover damages for injuries sustained by reason, as it is alleged, of the negligence of the appellant in running a certain train of cars, by which appellee was knocked down and so injured that amputation of his leg became necessary.
The jury returned a verdict for $3,750, and judgment was rendered for that amount.
The evidence on behalf of the appellee, touching the circumstances under which the injury was sustained, consisted alone of his own testimony.
The motion for nonsuit raised the question…
2Cases cited2 opinions
- Evansville & Crawfordsville Railroad v. HiattIndiana Supreme Court · 1861
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
3Cited by17 opinions
- Moffatt v. TenneySupreme Court of Colorado · 1892
- McFeters v. PiersonSupreme Court of Colorado · 1890
- Keith v. WellsSupreme Court of Colorado · 1890
- Prok v. N. & W. Railway Co.West Virginia Supreme Court · 1915
- Bradbury v. AldenColorado Court of Appeals · 1899
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