The state herald., 1903-05-22
Court of Appeals Decisions.

In affirming the decision OF the Ar
apahoe District Court, the Court of
Appeals May llth decided that David
How and those associated with him
are entitled to the lease of n section OF
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 a
lease that was issued in March. 1884.
to w. II. Davis, who transferred II TO
the company. After boring four wells
and falling to find oil or gas. the com
pany, IL was alleged, abandoned fur
ther prospecting. In July. 1900. the
lease was ordered cancelled by the
State Land Board. An application for
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 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 plcadlngs 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 plalntiff by
preventing advantageous sales OF 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.
or court the company obtained Judg.
ment by knocking out the two causes
of action In the complaint.
When an cmploye 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.
tninlng the verdict OF the lower trl.
bunal In the case OF Charles Nj kel.
losg against the Denver Tramway
Company. Kellogg was n llncman. He
was severely injured by the breaking
and falling OF n pole Mt the top OF
which he was working. The company
proved that safety appliances were a,
hand for use In supporting the pole
and the lower court found n verdict
for the defense.
Judgment In favor OF the Trnmwsy
company was affirmed In the case OF
Samuel and Rosa Zimmerman. who
/ sued for compensation for the death OF
/ their Infant. killed by n street car on
May Z, 1895, on Twcnty,second street
between Curtis and Champa. Tho de
cinlun that the parents were guilty ol
contributory negligence In allowing
the child TO play In the street was up
held.
Justice Thomson. In reversing tht
verdict In favor Of the Denver a Rio
Grande Railroad Company In favor oi
James and Mary Roche for the death
NJ their son James. holds that the DIS
ulct judge In Loadvillc had NO right tt
take the case from the jury by order
lng verdict for tho defense. younp
Roche was brakeman. lie was killed
by having his head crushed by tim
bort that slid from one car against
another, while he was between then
In the discharge " hiH duties. The ac
cldont occurred December 80, ispS. al
L,ndyillo.
In another opinion Iuftlco Thomson
hihrmu the verde, Of the Clear Crcol
court In glying Judgment for ygbl
against the Colorado a Southern an,
In favor of Samuel v Donnhuc for III,
loss Of lnger ~ the result Of crush
ins by a door ponahuo was rldln.
on crowded train from ucorgetowi
"a Silver Plume on July 4, 1893, NJ
was compelled TO stand on q platform
In the complaint he alleged that MI
hand was necessarily In such posi-
tion that a brakeman. In closing N,
door, caused one OF bis fingers 10 b,
! mashed.