Clifford v. Denver, S. P. & P. R.
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Action for damages by Henry Clifford against the Denver, South Park & Pacific Railroad Company.
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Appeal from District Court of Arapahoe County. Action for damages by Henry Clifford against the Denver, South Park & Pacific Railroad Company. This is an appeal from an order of the district court granting a new trial under the third clause of section 2 of the act of 1885, page 350. The cause of action is that the appellant’s health was permanently injured, and he forever disabled from earning his living, by the neglect and failure of the railway company, the appellee, to comply with its contract made with him to furnish him suitable lodging while engaged in its employ in the construction of…
1Opinion of the CourtChief Justice Beck
The act of 1885 permitted an appeal to this court from an order of the trial court when it .granted or refused a new trial. Although the provision was afterwards repealed, and is no longer the law of this state, it was in force when the order was made from which this appeal was prosecuted.
It is strongly urged as a reason why the order of the court below should not be disturbed that under the code of Iowa, from which, say counsel, our law of 1885 was derived, the presumptions were always in favor of the action of the court when it granted a new trial; for in making such order the court was…
2Cases cited3 opinions
- Town of Manson v. WareSupreme Court of Iowa · 1884
- Richards v. NuckollsSupreme Court of Iowa · 1865
- Keys v. FrancisSupreme Court of Iowa · 1869
3Cited by13 opinions
- Chartier v. Winslow Crane Service CompanySupreme Court of Colorado · 1960
- Braithwaite v. AikenNorth Dakota Supreme Court · 1891
- Mooney v. CarterSupreme Court of Colorado · 1945
- Callaham v. SlavskySupreme Court of Colorado · 1963
- Smith v. Wallace National BankIdaho Supreme Court · 1915
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