Oppenheimer v. Denver & R. G. R. Co.
Supreme Court of Colorado
Error io District Court of Arapahoe County. This was an action brought by the plaintiff in error against the defendant railway company to recover damages for an alleged ejectment from one of the defendant’s trains, The main issue in the trial of the case in the court below was whether the plaintiff, at the time he purchased his mileage tickets, was notified by the agents of the defendant company that they would not be accepted for fare over that portion of the company’s road…
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Error io District Court of Arapahoe County. This was an action brought by the plaintiff in error against the defendant railway company to recover damages for an alleged ejectment from one of the defendant’s trains, The main issue in the trial of the case in the court below was whether the plaintiff, at the time he purchased his mileage tickets, was notified by the agents of the defendant company that they would not be accepted for fare over that portion of the company’s road between Salida and Leadville. Verdict for the defendant, and judgment thereon. The points decided do not require any…
1Opinion of the CourtElbert, J.
1. There is no ground for saying that the verdict in this case is so palpably against the weight of evidence as to call for the interference of this court. *321The witnesses Eccles and Sheppard both testified that they notified the plaintiff that the mileage tickets which he purchased were not good over that portion of the defendant’s road between Salida and Leadville. The jury accepted their testimony as against that of the plaintiff, who testified affirmatively that there was no such notification, and the witness Eppstein, who testified negatively that he heard no conversation on the subject.…
2Cited by8 opinions
- Sutton v. DanaSupreme Court of Colorado · 1890
- Walker v. GreenColorado Court of Appeals · 1912
- Burns v. HermanSupreme Court of Colorado · 1910
- Gutshall v. CrawfordSupreme Court of Colorado · 1893
- Zimmerman v. Denver Consolidated Tramway Co.Colorado Court of Appeals · 1903
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