The Lamar register., 1903-05-20
COLORADO STATE AFFAIRS AND
DOINGS AT THE CAPITAL CITY
Court of Appeals Decisions.


In affirming the decision of the Ar
apahoe District Court, the Court OF
Appeals May 18th decided that David
How and those associated with him
are entitled to the lease of section OIL
school land in the Florence oil dis
trict, Possession was disputed by the
Florence Oil and Refining Company.
The company based It's claim on
lease that was issued in March. 1894.
to w. II. Davis, who transferred 1t to
the company. After boring four wells
and failing to find oil or gas, the COM
pany, 1t was alleged, abandoned fur
ther prospecting. In July. 1900. the
lease was ordered Cancelled by the
State Land Board. An application for
a reinstatement of the lease was made
by the company. One month previous
How had applied for lease on the
ground, and his request was granted.
Justice Gunter write the opinion OF the
court, and held that an abandonment
of work gave the State Land Board
the right to cancel the lease.
Another opinion by Justice Gunter
gives A. w. Rucker the right to a trial
of his suit against the Omaha and
Grant Smelling and Refining Company.
The Judgment of the lower court is
reversed and the parties given leave
to amend their pleadings as they may
be advised. This case'is based on the
allegation that attachments issued at
the instance of the company caused
the loss of money to the plaintiff by
preventing advantageous sales oil the
property involved. The attachments
were issued on the ground that ore
sold the company was found to be the
property of others. the late II. A. w.
Tabor being one of these. In the low
er court the company obtained judg-
ment by knocking out the two causes
of action in the complaint.
When an employe is injured be-
cause OF his failure to use safety appli-
ances furnished by his employer, the
latter cannot be held responsible. is
the position taken by the court in sus-
tanning the verdict of the lower tri-
bunal in the case of Charles NJ. Kel-
logg against the Denver Tramway
Company. Kellogg was a lineman. He
was severely injured by the breaking
and falling of pole at the top of
which he was working. The company
proved that safety appliances were at
hand for use in supporting the pole
and the lower court found a verdict
for the defense.
Judgment in favor of the Tramway
company was affirmed in the case of
Samuel and Rosa Zimmerman. who
sued for compensation for the death OF
their infant, killed by street car on
May Z. 1898, on Twenty-second street,
between Curtis and Champa. The de-
cision that the parents were guilty of
contributory Negligence in allowing
the child to play in the street was up
held.
Justice Thomson. in reversing the
verdict in favor of the Denver & Rio
Grande Railroad Company in favor OF
James and Mary Roche for the death
of their son James. holds that the dis
trict Judge In Leadville had no right to
take the case from the jury by order
ing a verdict for the defense. Young
Roche was brakeman. He was killed
by having his head crushed by tim
bers that slid from one car against
another. while he was between them
in the discharge of his duties. The ac-
cident occurred December 80, 1898, at
Leadville.
In another opinion Justice Thomson
affirms the verdict of the Clear Creek
court in giving judgment for $3.50
against the Colorado & Southern and
in favor of Samuel e. Donahue, for the
loss of finger as the result of crush
ing by door. Donahue was riding
on crowded train from Georgetown
to Silver Plume, on July 4. 1898. He
was compelled to stand on platform.
In the complaint he alleged that his
hand was necessarily in such posi-
tion that brakeman. in closing the
door. caused one of his fingers to be
mashed.