Denver & Rio Grande Railroad v. Ryan
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This action was brought by Mary Ryan, plaintiff below, to recover damages for the death of her husband Patrick Ryan.
Read the full summary
Appeal from District Court of Arapahoe County. This action was brought by Mary Ryan, plaintiff below, to recover damages for the death of her husband Patrick Ryan. In her complaint she alleges that on September 17, 1889, her husband was run over and killed by an engine and tender of the defendant The Denver & Rio Grande Railroad Company, and that his death was so occasioned by the negligence of the defendant in operating its railway train at the-intersection of Larimer and Sixth streets in the city^- of Denver. The action is founded upon the act of March 7, 1877 — a statute so familiar that…
1Opinion of the CourtJustice Elliott
The assignments of error sought to be maintained on this appeal relate mainly to the instructions given, refused and modified. Of these in the reverse order.
*1001. Railway companies engaged in propelling locomotive engines and trains through' large cities and thickly settled towns are bound to exercise all' reasonable care and diligence to avoid injury to persons traveling upon the public streets intersected by such railroads. The care and diligence should be proportionate to the increased dangers and risks occasioned by such occupation of the public streets. In addition to the diligence which the…
2Cases cited12 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- City of Denver v. DunsmoreSupreme Court of Colorado · 1884
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Wray v. CarpenterSupreme Court of Colorado · 1891
- Bott v. PrattSupreme Court of Minnesota · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Phillips v. Denver City Tramway Co.Supreme Court of Colorado · 1912
- Beals v. ConeSupreme Court of Colorado · 1900
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Moffatt v. TenneySupreme Court of Colorado · 1892
- Melcher v. BeelerSupreme Court of Colorado · 1910
53 more not listed; retrieve them via the Exa API.