Home Insurance v. A. T. & S. F. R. R.
Supreme Court of Colorado
Error to the District Qourt of Arapahoe Qounty. Action by The Home Insurance Company and others, plaintiffs, against The Atchison, Topeka & Santa Fe Railroad Company, defendant.
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Error to the District Qourt of Arapahoe Qounty. Action by The Home Insurance Company and others, plaintiffs, against The Atchison, Topeka & Santa Fe Railroad Company, defendant. The complaint alleges, in substance, that the Arkansas Valley Land and Cattle Company was the owner of 370 tons of hay of the value of $3,700, stacked upon the Holly ranch in Bent county, Colorado, through which the defendant company operates its line of railroad, and that on March 19, 1887, said hay was consumed by fire set out or caused by the operation of. said railroad. It further alleges that the cattle company…
1Opinion of the CourtJustice Elliott
At the close of the testimony, by consent of parties, the jury was discharged and the cause was submitted to the court to pass upon and decide all matters of fact, as well as of law, under the issues and the evidence, the same as if no jury had been impaneled. The court found in favor of defendant.
In the case of Wadsworth v. U. P. Ry. Co., 18 Colo., 600, where plaintiff elected to stand by his case as made rather than have a new trial, it was held, after verdict by the jury, that the trial court was justified in dismissing the action on the ground that plaintiff could not, in any event, as a…
2Cases cited9 opinions
- Fillmore v. WellsSupreme Court of Colorado · 1887
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
- Coon v. . KnapNew York Court of Appeals · 1854
- Danielson v. GudeSupreme Court of Colorado · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Webb v. Dessert Seed Co., Inc.Supreme Court of Colorado · 1986
- Fearnley v. FearnleySupreme Court of Colorado · 1908
- Mumford v. WrightColorado Court of Appeals · 1898
- Rhinehart v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1916
12 more not listed; retrieve them via the Exa API.