Purse v. Purcell
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Hon. F. T. Johnson, Judge. Action by E. C. Purcell against John Parse, and upon death of plaintiff, his administratrix, Bertha F. Purcell, was substituted. - From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtJustice Campbell
After this appeal was perfected, plaintiff died, and his administratrix has been substituted as appellee. It is appellee’s contention, first, that defendant’s action for damages set up in the cross-complaint abates with the death of plaintiff; second, that *52the evidence was wholly insufficient to sustain such action.
We shall not decide the first point, because we are clearly of opinion that, under the doctrine of Jackson v. Burnham, 20 Colo. 532, a case of malpractice was not made out by the evidence. Indeed, defendant does not in his brief press his claim in that behalf, apparently because…
2Cases cited3 opinions
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- Jackson v. BurnhamSupreme Court of Colorado · 1895
- Idaho Mercantile Co. v. KalanquinIdaho Supreme Court · 1901
3Cited by4 opinions
- Ford v. SimmonsSupreme Court of Colorado · 1912
- Shearer v. SnyderSupreme Court of Colorado · 1946
- Taylor v. Frank N. Briggs Land Investment Co.Supreme Court of Colorado · 1933
- Bradbury v. WhitneySupreme Court of Colorado · 1911