Nucci v. Colorado & Southern Railway Co.

169 P. 273, 63 Colo. 582, 1917 Colo. LEXIS 369
Supreme Court of Colorado·Decided March 5, 1917·No. No. 8763·Published·Cited by 13 cases

Opinions

Chief Justice White

delivered the opinion of the court.

IN a suit by Nucci against the Colorado & Southern Railway Company, in damages for injuries sustained by him through the alleged negligence of the defendant, he was non-suited and brings the case here for review. The negligence of the defendant in failing to ring its bell, or blow its whistle, is conceded, and the sole question presented for determination is whether the plaintiff, on the undisputed facts, was guilty of contributory negligence. The damages were caused by a freight train striking the plaintiff while he was attempting to cross defendant’s railroad tracks with his team and wagon. The acts of negligence alleged were excessive and dangerous rate of speed of the train, and failing to ring the bell or blow the whistle, on approaching the crossing where the accident occurred.

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Nucci v. Colorado & Southern Railway Co., 169 P. 273, 63 Colo. 582, 1917 Colo. LEXIS 369 (Colo. 1917).

169 P. 273 (Nucci v. Colorado & Southern Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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