Hindry v. Holt
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This is aa action brought in behalf of Catherine M. Holt by C. J. Burns, her guardian ad litem, against J. B. Hindry, to recover damages for the death of Thomas Holt, her uncle.
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Appeal from the District Court of Arapahoe County. This is aa action brought in behalf of Catherine M. Holt by C. J. Burns, her guardian ad litem, against J. B. Hindry, to recover damages for the death of Thomas Holt, her uncle. The right to such recovery is predicated upon the following-facts : On October 6, 1898, Thomas Holt, an unmarried man thirty-eight years of age, was employed by J. B. Hindry, the defendant, as a common laborer; and while engaged under his direction in excavating a sewer trench in North Denver, the ground caved in upon him, causing his death. He died intestate, leaving…
1Opinion of the Court
Mr. .Justice Goddard
delivered the opinion of the court.
Among the many objections raised by the specifications of error, we deem it necessary to notice the one only which challenges the right of appellee to maintain the action, since, in our opinion, this question is decisive of the case. No right of action for damages resulting from death through wrongful act or negligence was given by the common law, and such right exists only by virtue of our statute. Gen. Laws, 1877, p. 343; Chap. 37, Mills’ Ann. Stats.
This statute gives the right of action, and designates the party or parties who may sue…
2Cases cited4 opinions
- City of Chicago v. KeefeIllinois Supreme Court · 1885
- Denver, S. P. & P. R. v. WilsonSupreme Court of Colorado · 1888
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
- Jordan's Adm'r v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1889
3Cited by29 opinions
- Allen v. PachecoSupreme Court of Colorado · 2003
- In Re KeyworthDistrict Court, D. Colorado · 1985
- Clint v. Stolworthy Ex Rel. GreenwoodSupreme Court of Colorado · 1960
- Howlett v. GreenbergColorado Court of Appeals · 1975
- Hopper v. Denver & R. G. R.Court of Appeals for the Eighth Circuit · 1907
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