Colorado Reports Volume 44

Colorado Reports Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: sustain this count.--Griflith v. Denver Consolidated Tramway Co., 14 Col. App. 504, 508. Further, the defendant, as part of its case, introduced in evidence the complaint, which set forth a copy of the ordinance, thus placing it before the jury. The motion to strike did not include this evidence introduced by the defendant. So that, if there was error in the ruling, it would have been without. prejudice to defendant. In appellant's opening brief, it is strenuously insisted that the negligence of the driver of the vehicle--being the husband of plaintiff--was imputable to plaintiff, upon the theory that the mere existence of the marital relation between the driver and the plaintiff brings plaintiff within the doctrine of imputable negligence. The argument in support of this position assumes that the husband was guilty of such contributory negligence as would have precluded a recovery if he had been plaintiff. If the correctness of this assumption should be admitted, under some of the authorities, it would then become necessary to determine whether or not plaintiff was guilty of such contributory negligence on her part as would prevent a recovery by her, notwithstanding we should decide that the negligence of the husband was not imputable to the wife. A determination of this latter question would necessitate an examination of practically the same questions of law and fact as would be involved in a determination of the question, whether or not the husband was guilty of contributory negligence. We prefer, therefore, to determine the latter question, and await a determination of the former until it is squarely presented by the facts. In the reply brief, appellant takes the position that the facts of this case bring it within more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • United States
  • English
  • black & white illustrations
  • 1236759206
  • 9781236759207