Lord v. Pueblo Smelting & Refining Co.
Supreme Court of Colorado
Appeal from District Court of Pueblo County. The appellant, Maggie L. Lord, brought this action in the district court to recover damages against the appellee on account of the death of her husband, Carlile Lord.
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Appeal from District Court of Pueblo County. The appellant, Maggie L. Lord, brought this action in the district court to recover damages against the appellee on account of the death of her husband, Carlile Lord. The defendant company was engaged in the business of smelting and reducing ores, and in connection with its business owned, controlled and managed numerous railroad tracks, cars and engines for the purpose of delivering ores, coke and other material to its smelting works. Engineers and other trainmen wrere employed for the purpose of running the engines and hauling cars. Defendant…
1Opinion of the CourtJustice Elliott
The court having instructed the jury to return a verdict in favor of the defendant, the principal question presented for our determination is the propriety of such instruction under the evidence and circumstances of the case. Upon careful consideration we are of the opinion that the following rules may be generally relied upon in determining whether or not a case should be withdrawn from the jury when the alleged negligence of the defendant, as well as the alleged contributory negligence of the plaintiff, are involved in the issues.
First. If the evidence, in the most favorable light in which…
2Cases cited8 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Colorado Central Railroad v. MartinSupreme Court of Colorado · 1884
- Behrens v. Kansas Pacific Railway Co.Supreme Court of Colorado · 1880
- Lewis v. PhillipsIndiana Supreme Court · 1861
- Colorado Central R. R. v. HolmesSupreme Court of Colorado · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
- Moffatt v. TenneySupreme Court of Colorado · 1892
68 more not listed; retrieve them via the Exa API.