Cases Argued and Determined in the Supreme Court of the State of Colorado, Volumen59A.B. Hirscheld Press, 1916 |
Dentro del libro
Resultados 1-5 de 93
Página 26
... for this power is discretionary . By the eleventh section of the ninth article of the con- stitution , all courts shall be open , and every man for injury done him in his lands , goods , person or 26 [ 59 Colo . WINCHESTER V. WALKER ET AL .
... for this power is discretionary . By the eleventh section of the ninth article of the con- stitution , all courts shall be open , and every man for injury done him in his lands , goods , person or 26 [ 59 Colo . WINCHESTER V. WALKER ET AL .
Página 29
... injured held properly submitted to the jury . ( 39. ) 3 . Duty Towards Trackmen . It is the duty of a railway company to exercise reasonable care , in the operation of its trains , to avoid injury to section men , and others whose ...
... injured held properly submitted to the jury . ( 39. ) 3 . Duty Towards Trackmen . It is the duty of a railway company to exercise reasonable care , in the operation of its trains , to avoid injury to section men , and others whose ...
Página 32
... injuries which resulted in his death the next day . There is no direct testi- mony that any of the train crew saw the deceased in the dangerous position after they started to back out of the yards . Their evidence is that they did not ...
... injuries which resulted in his death the next day . There is no direct testi- mony that any of the train crew saw the deceased in the dangerous position after they started to back out of the yards . Their evidence is that they did not ...
Página 35
... injury to him , " that such is not the law . " Murran v . Chicago , M. & St. P. Ry . Co. , 86 Minn . , 470 , 90 N. W. 1056 . In Erickson v . St. Paul & Duluth R. Co. , 41 Minn . 500 , 43 N. W. 332 , 5 L. R. A. 786 , it was held that the ...
... injury to him , " that such is not the law . " Murran v . Chicago , M. & St. P. Ry . Co. , 86 Minn . , 470 , 90 N. W. 1056 . In Erickson v . St. Paul & Duluth R. Co. , 41 Minn . 500 , 43 N. W. 332 , 5 L. R. A. 786 , it was held that the ...
Página 38
... injury . In International & G. N. R. Co. v . Villareal , 82 S. W. ( Texas ) , 1063 , it was held the duty of the engineer to give a warning to section men of his approaching train by the blowing of the whistle or the ringing of the bell ...
... injury . In International & G. N. R. Co. v . Villareal , 82 S. W. ( Texas ) , 1063 , it was held the duty of the engineer to give a warning to section men of his approaching train by the blowing of the whistle or the ringing of the bell ...
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Términos y frases comunes
affidavit affirmed agreement alleged Alpine Horn amended amount answer appears assessment attorney authority bank beneficiary bond cause of action charged City claim Colo Colorado commissioners complaint concur constitute construction contract corporation counsel County Court damages decree deed defendant in error defendant's delivered the opinion denied District Court ditch duty eminent domain engineer entitled evidence executed fact fendant filed fund GABBERT garnishees held Holck Hufty injury instruction insured irrigation issue Judge judgment jury JUSTICE land levy liable license lien loan mechanic's lien ment mill levy mines mortgage motion negligence ordinance owner paid parties payment person petitioner plaintiff in error pleadings premises presumption of death proceedings purchase purpose question quieting title quo warranto reason record reservoir reversed rule secure statute sufficient Teller County testimony therein thereof tion verdict water rights writ
Pasajes populares
Página 379 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Página 331 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Página 291 - ... full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Página 128 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee^ including the freight charges, if prepaid) at the place and time of shipment...
Página 181 - We think that the true rule of law is, that the person who for his own purposes brings on his lands, and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default ; or perhaps that the escape was the consequence of vis major, or the act of God ; but as...
Página 24 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Página 70 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Página 27 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Página 553 - A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.
Página 101 - When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment shall be rendered that such defendant be excluded from the office, franchise, or privilege, and that he pay the costs of the action.