Wall v. Livezay
Supreme Court of Colorado
Error to District Court of Lake County. ■ The “second” instruction given and referred to in the opinion of the court was as follows: “ Second.
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Error to District Court of Lake County. ■ The “second” instruction given and referred to in the opinion of the court was as follows: “ Second. If the jury find for the plaintiff, they should, in estimating his damage, take into consideration the bodily suffering of the plaintiff, interference with carrying on his business, all expenses, if any, incurred and paid by him on account of the injuries he received, including the employment of physicians and nurses and cost of medicine, and they should also consider the nature of the injuries suffered, as to whether they are likely to prove permanent…
1Opinion of the Court
Beck:, G. J.
The only questions presented by the assignment of errors which are seriously contested relate to the instructions given to the jury at the trial.
The first instruction informed the jury that1 every material allegation of the complaint not denied by the answer might be taken as true', and need not be proved by the plaintiff.
The objection to this instruction is,, that it is not applicable to the present case.
The substance of the complaint is, that on the 22d' day of September, 1879', the defendants were partners under the name and style of Wall & Witter, and were common carriers of…
2Cases cited13 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Railroad Company v. PollardSupreme Court of the United States · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Denver Consolidated Electric Co. v. LawrenceSupreme Court of Colorado · 1903
- Denver Tramway Co. v. OwensSupreme Court of Colorado · 1894
- Weiss v. AxlerSupreme Court of Colorado · 1958
- Tunnel Mining and Leasing Co. v. CooperSupreme Court of Colorado · 1911
21 more not listed; retrieve them via the Exa API.