(Download) "Dwinelle v. Union Pacific Railroad Co." by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Dwinelle v. Union Pacific Railroad Co.
- Author : Colorado Supreme Court
- Release Date : January 03, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
One winter morning in 1936 while Dwinelle, with the consent of Cox, was riding as a guest in the truck operated by Perry, a collision occurred between that truck and the motor-car operated by Finn, and Perry and Dwinelle were both instantly killed. Plaintiffs, alleging negligence on the part of Perry, as the agent of Cox, and Finn, as the agent of the company, brought this action against Cox and the company for damages in the sum of $5,000. Cox answered separately, denying negligence and placing responsibility on Dwinelle and the company. Finn and the company filed a joint answer, denying negligence and placing responsibility on Perry and Dwinnelle. At the close of plaintiffs evidence Cox moved for a nonsuit and that motion was overruled. Finn and the company moved for a directed verdict and that motion was granted. The cause proceeded as to Cox and jury found for him. To review the judgments entered accordingly plaintiffs prosecute this writ. The eleven assignments go to the order directing a verdict for Finn and the company, certain rulings admitting and excluding testimony, the weight of the evidence, and an order striking from the record an affidavit of "proceedings in chambers," hereinafter referred to as Exhibit A. The only instruction questioned is No. 22 which directed a verdict for Finn and the company.
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