Westerkamp v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Colorado
Error to the District Court of the City and County of Denver. Hon. John I. Mullins, Judge. Action by August Westerkamp against Tbe Chicago, Burlington and Quincy Railway Company. From a judgment for defendant, plaintiff brings error. Plaintiff in error brought an action to recover damages for injuries sustained, due to a train of defendant in error colliding with a wagon he was driving.
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Error to the District Court of the City and County of Denver. Hon. John I. Mullins, Judge. Action by August Westerkamp against Tbe Chicago, Burlington and Quincy Railway Company. From a judgment for defendant, plaintiff brings error. Plaintiff in error brought an action to recover damages for injuries sustained, due to a train of defendant in error colliding with a wagon he was driving. The trial court, at the conclusion of the testimony of plaintiff, directed a verdict for the defendant, upon the ground that it established that the contributory negligence of plaintiff was the proximate cause…
1Opinion of the CourtJustice Gabbert
Although the evidence establishes negligence on the part of the defendant, plaintiff cannot recover if his failure to exercise that degree of care which a *295reasonably prudent person would have exercised under similar circumstances was the proximate cause of his injury.—C. R. I. & P. Ry. Co. v. Crisman, 19 Colo. 30. The important question, therefore, to determine, is: whether or not the testimony established, as a matter of law, that plaintiff was guilty of negligence, but for which he would not have been injured.
He knew a train was about due, and testified that distant about 190 feet from the…
2Cases cited9 opinions
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Chicago, Rock Island & Pacific Railway Co. v. CrismanSupreme Court of Colorado · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
- Lawrence v. Denver & R. G. R. Co.Utah Supreme Court · 1918
- Buchholz v. Union Pacific Railroad CompanySupreme Court of Colorado · 1957
- Buboltz v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1924
20 more not listed; retrieve them via the Exa API.