City of Denver v. Bradbury

Citation75 P. 1077, 19 Colo.App. 441
Case DateMarch 14, 1904
CourtCourt of Appeals of Colorado

75 P. 1077

19 Colo.App. 441

CITY OF DENVER
v.
BRADBURY.

Court of Appeals of Colorado

March 14, 1904


Appeal from District Court, Arapahoe County.

Action by Carrie C. Bradbury against the city of Denver. From a judgment for plaintiff, defendant appeals. Affirmed. [75 P. 1078]

[19 Colo.App. 442] H.A. Lindsley, Samuel W. Belford, J.M. Ellis, Guy Le R. Stevick, and N.B. Bachtell, for appellant.

T.H. Hood, amicus curiae. J. Warner Mills, for appellee.

GUNTER, J.

Action for personal injuries. Judgment for plaintiff. Defendant appeals.

1. The charter of the city of Denver (Acts 1893, p. 233, c. 78), art. 9, § 9, provides that within 30 days after injuries are received the mayor or city council shall be given notice in writing of such injuries, stating when, where, and how received, and the extent thereof. The notice served herein is said to be fatally defective in departing from the evidence and complaint in its statement of how the injury occurred. The position, in effect, is that as to the cause of action stated in the complaint no notice was served advising defendant city as to how the injuries occurred.

This section has been construed. City of Denver v. Saulcey, 5 Colo.App. 420, 423, 38 P. 1098, turned upon the proper service of the notice, but in the course of the opinion the court pertinently said: "The object of the statute is to advise the executive officers of the city of the fact of the injury and of the claims made by the injured person, that they may investigate the matter, and, while the circumstances are fresh and the evidence easily acquired, ascertain what, if any, responsibility ought to be assumed by the city." [19 Colo.App. 443] In Denver v. Barron, 6 Colo.App. 72, 77, 78, 39 P. 989, the notice stated as the cause of the injury, or how it occurred, that the ground over a sewer recently laid gave way when plaintiff drove her horse upon it. The evidence was that for probably 24 hours before the accident there had been at that point a hole in the street resulting from the sinking of the earth in the trench where the sewer was laid, and that plaintiff's horse stepped into it. It was urged that there was a fatal variance between the evidence and the notice. The notice was held sufficient to admit evidence that the cause of the accident was the hole in the street, the court saying that the city could not have been misled by the notice. The principle announced is that if the notice so advises the city of the cause...

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4 practice notes
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • 27 Diciembre 1927
    ...Richmond, 147 Va. 720, 129 S.E. 489, (on rehearing) 133 S.E. 593; City of East Chicago v. Gilbert, supra; City of Denver v. Bradbury, 19 Colo. App. 441, 75 P. 1077; Ray v. City of Council Bluffs, 193 Iowa 620, 187 N.W. 447; Titus v. City of Montesano, 106 Wash. 608, 181 P. 43; King v. City ......
  • Cintron By and Through Cintron v. City of Colorado Springs By and Through Memorial Hosp., No. 93CA0075
    • United States
    • Colorado Court of Appeals of Colorado
    • 26 Mayo 1994
    ...the occurrence of the accident causing injury or death." Colo. Sess. Laws 1903, ch. 175 at 457. See also City of Denver v. Bradbury, 19 Colo.App. 441, 75 P. 1077 (1904) (discussing an early Denver Charter provision of similar Such provisions were considered to create a substantive requireme......
  • City and County of Denver v. Bacon
    • United States
    • Colorado Supreme Court of Colorado
    • 6 Julio 1908
    ...cases: Denver v. Barron, 6 Colo.App. 72, 39 P. 989; Stoors v. City of Denver, 19 Colo.App. 159, 73 P. 1094; City of Denver v. Bradbury, 19 Colo.App. 441, 75 P. 1077. The object of this statute requiring notice, as stated by our Court of Appeals, is to advise the officials of the city of the......
  • City of Denver v. Strobridge
    • United States
    • Colorado Court of Appeals of Colorado
    • 14 Marzo 1904
    ...instruction No. 1 asked by plaintiff." Rule 11 of this court (64 P. xiv) provides: "When the error alleged is to the charge of the [19 Colo.App. 441] court, the part of the charge referred to shall be quoted totidem verbis in the specifications: provided, where the charge is divided into se......
4 cases
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • 27 Diciembre 1927
    ...Richmond, 147 Va. 720, 129 S.E. 489, (on rehearing) 133 S.E. 593; City of East Chicago v. Gilbert, supra; City of Denver v. Bradbury, 19 Colo. App. 441, 75 P. 1077; Ray v. City of Council Bluffs, 193 Iowa 620, 187 N.W. 447; Titus v. City of Montesano, 106 Wash. 608, 181 P. 43; King v. City ......
  • Cintron By and Through Cintron v. City of Colorado Springs By and Through Memorial Hosp., No. 93CA0075
    • United States
    • Colorado Court of Appeals of Colorado
    • 26 Mayo 1994
    ...the occurrence of the accident causing injury or death." Colo. Sess. Laws 1903, ch. 175 at 457. See also City of Denver v. Bradbury, 19 Colo.App. 441, 75 P. 1077 (1904) (discussing an early Denver Charter provision of similar Such provisions were considered to create a substantive requireme......
  • City and County of Denver v. Bacon
    • United States
    • Colorado Supreme Court of Colorado
    • 6 Julio 1908
    ...cases: Denver v. Barron, 6 Colo.App. 72, 39 P. 989; Stoors v. City of Denver, 19 Colo.App. 159, 73 P. 1094; City of Denver v. Bradbury, 19 Colo.App. 441, 75 P. 1077. The object of this statute requiring notice, as stated by our Court of Appeals, is to advise the officials of the city of the......
  • City of Denver v. Strobridge
    • United States
    • Colorado Court of Appeals of Colorado
    • 14 Marzo 1904
    ...instruction No. 1 asked by plaintiff." Rule 11 of this court (64 P. xiv) provides: "When the error alleged is to the charge of the [19 Colo.App. 441] court, the part of the charge referred to shall be quoted totidem verbis in the specifications: provided, where the charge is divided into se......

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