Oliver v. Denver Tramway Co.
Colorado Court of Appeals
Error to the District Court of Arapahoe County. This action for personal injuries has had somewhat of a peculiar history. As may be gathered from the abstract, issue was taken on the original complaint, the case was partially submitted to a jury and on a motion for a nonsuit plaintiff was given leave to withdraw a juror, making a mistrial, and then took leave to amend his complaint.
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Error to the District Court of Arapahoe County. This action for personal injuries has had somewhat of a peculiar history. As may be gathered from the abstract, issue was taken on the original complaint, the case was partially submitted to a jury and on a motion for a nonsuit plaintiff was given leave to withdraw a juror, making a mistrial, and then took leave to amend his complaint. The complaint was several times amended and demurred to, and several motions filed to strike out sundry sections of the pleading. The motions to strike out were overruled and the complaint permitted to stand as…
1Opinion of the CourtBissell, P. J.
The questions presented by the demurrer are not easy of solution. The legal rules which must be followed by the pleader in stating his cause of action, and those which must be observed in the trial of this class of cases may possibly be deemed fairly well settled. Yet after all no case in its facts *548is so entirely plain that the court can be absolutely certain about the application of those general principles by which such pleadings and such trials are governed. There is probably less difficulty in reaching a conclusion where the cause has been tried and the facts and circumstances of the case…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Platte & Denver C. & M. Co. v. DowellSupreme Court of Colorado · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Denver City Tramway Co. v. GustafsonColorado Court of Appeals · 1912
- Denver City Tramway Co. v. GustafsonColorado Court of Appeals · 1912
- Denham Theatre, Inc. v. BeelerSupreme Court of Colorado · 1941
- Creek v. Nonpareil Investment Co.Supreme Court of Colorado · 1919
- Denver & Rio Grande Railroad v. ElliottSupreme Court of Colorado · 1915
1 more not listed; retrieve them via the Exa API.