Prouse v. Industrial Commission
Supreme Court of Colorado
Proceeding under the workmen’s compensation act. Claim denied. Error to the District Court of Boulder County, Hon. Neil F. Graham, Judge.
1DissentJustice Scott
I must earnestly dissent from the opinion of the majority.
To my mind there is no reasonable distinction to be *388made between this case and that of Carroll, considered at the same time, wherein a precisely contrary view of the law is taken. Hair-splitting distinctions used in the opinion do not cover the wrong and injustice to follow, not in this case alone, but in others of a similar character.
The difficulty seems to lie in the seeming inability of lawyers and judges to get away from the hoary defenses of contributory negligence and assumed risk in negligence cases, so clearly wiped out by the…
2Cases cited12 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Matthiessen & Hegeler Zinc Co. v. Industrial BoardIllinois Supreme Court · 1918
- Hurle's CaseMassachusetts Supreme Judicial Court · 1914
- Vennen v. New Dells Lumber Co.Wisconsin Supreme Court · 1915
- Holland-St. Louis Sugar Co. v. ShralukaIndiana Court of Appeals · 1917
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