Denver Tramway Co. v. Owens
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action for personal injuries occasioned by negligence in the operation of street railway car. Judgment for plaintiff. Defendant appeals. STATEMENT OE PRINCIPAL EACTS. On February 4, 1889, about nine o’clock in the evening, the plaintiff Ann Owens took passage on one of defendant’s cable cars at the corner of 15th and Stout streets, to be carried to the corner of Colfax avenue and Race street.
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Appeal from the District Court of Arapahoe County. Action for personal injuries occasioned by negligence in the operation of street railway car. Judgment for plaintiff. Defendant appeals. STATEMENT OE PRINCIPAL EACTS. On February 4, 1889, about nine o’clock in the evening, the plaintiff Ann Owens took passage on one of defendant’s cable cars at the corner of 15th and Stout streets, to be carried to the corner of Colfax avenue and Race street. The conductor did not signal the gripman to stop before reaching Race street; but the car having passed Race street plaintiff signaled the conductor to…
1Opinion of the CourtJustice Elliott
At the trial of this case there was a sharp conflict of evidence going to the very substance of the issue and to the very gist of the action. Plaintiff testified positively that the car stopped for her to alight; some of defendant’s witnesses testified with equal positiveness that the car did not stop, not even slacken its speed for that purpose.
1. If, as claimed by plaintiff, the car was stopped for her to alight, and she attempted to alight while it was so stopped, then it was negligence on the part of the defendant company to start the car again before she got safely off. On the other…
2Cases cited11 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Bartelott v. International BankIllinois Supreme Court · 1887
- Green v. TaneySupreme Court of Colorado · 1883
- Wall v. LivezaySupreme Court of Colorado · 1882
- Hawes v. Kansas City Stock-Yards Co.Supreme Court of Missouri · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- A,B,C,D,E,F,G, & H v. District Court of the Second Judicial DistrictSupreme Court of Colorado · 1976
- Bloskas v. MurraySupreme Court of Colorado · 1982
- Wallis v. Southern Pacific Co.California Supreme Court · 1921
- Losavio v. District Court in & for Tenth Jud. Dist.Supreme Court of Colorado · 1975
- Estate of DupontCalifornia Court of Appeal · 1943
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