The Elbert County tribune., 1903-05-21
COLORADO STATE AFFAIRS AND
DOINGS AT THE CAPITAL CITY
cour. of Appeals Decisions.

Sourt ot Appeals ccc'e'o"e-
In affirming the decision OF the Ar
apahoe District Court. the Court of
Appeals May nth decided that David
How and those associated with him
are entitled TO the lease OF a section OF
school land in the Florence oil dis
trict. Possession was disputed by the
Florence oil and Refining Company.
The company based Its claim on
lease that was issued in March. 1894.
to W. II. Davis. who transferred II to
the company. After boring four wells
and failing to find oil or gas, the com
pany. II was alleged. abandoned fur
ther prospecting. In July. 1900, the
lease was ordered cancelled by the
State Land Board. An application Tor
reinstatement OF the loase 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 ngainst 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 us 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 plaintin by
preventing advantageous sales of The
property involved. The attachments
were issued on the ground that ore
soldA 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-
mont by knocking out the two cnuses
of action In the complaint.
When an cmployo In 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-
taining the verdict Of the lower tri-
bunal In the case OF Charles NJ Kel-
logg against tho Denver Trnmway
Company. Kellogg was lineman. He
was severely injured by the breaking
and falling OF a 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 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 q Rio
| GraDdc Railroad Company in favor of
Sames and Mary Roche for the death
OF their son James, holds uiat the dis.
trict Judge In Leadvlfle had no right TO
take the case from the jury by order
ing n 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-
cldent occurred December 30. 1898, at
] Lendyille
In another opinion Justice Thomson
afiirms the verdict of the Clear Creek
court in giving Judgment for $3.50
against the Colorado a. Southern and
In favor OF Samuel f. Donahue for the
loss OF finger as the result OF crush
Ing by door. Donahue was riding
on crowded train from George town
to Silver Plume on July T. 1898 He
was compelled to stand on Il 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.