Stout v. Denver Park & Amusement Co.
| Decision Date | 14 April 1930 |
| Docket Number | 12262. |
| Citation | 287 P. 650,87 Colo. 294 |
| Parties | STOUT et al. v. DENVER PARK & AMUSEMENT CO. |
| Court | Colorado Supreme Court |
Rehearing Denied May 5, 1930.
In Department.
Error to District Court, City and County of Denver; James C Starkweather, Judge.
Action by Ned A. Stout, an infant, by Emory L. O'Connell, his next friend, against Denver Park & Amusement Company. Judgment for defendant, and plaintiff brings error.
Affirmed.
A. X Erickson and Emory L. O'Connell, both of Denver, for plaintiff in error.
Wm. E Hutton and Bruce B. McCay, both of Denver, for defendant in error.
The parties here appear as in the lower court.
Plaintiff sued defendant to recover for injuries sustained while riding on a roller coaster operated by defendant in its amusement park, 'Lakeside.' This writ is prosecuted to review a judgment entered upon a directed verdict for the defendant.
The complaint charged that the plaintiff, aged 19, about 9:30 p m. on June 19, 1927 occupied a seat in one of defendant's roller coaster cars; that the plaintiff while so riding was thrown violently from his seat and injured; that said injuries were occasioned by defendant's negligence in failing to warn him of dangers incident to such a ride and to strap him into said car; in maintaining dangerous sharp curves and angles and insufficient elevation on the outer rail on curves; in improper construction of the car in which plaintiff was riding which permitted it to jerk from side to side and in permitting the track to be obstructed 'by some foreign substance which caused said car to be thrown upward and to one side with terrific force and violence.' The answer denied these charges.
The plaintiff was the sole witness as to how the accident occurred. He stated that he and a girl occupied the second seat of the front car; that shortly before this happened, they were both sitting normally in the seat; he had his arm around her and she was sitting there with her hands folded; he was not fastened in the car in any way, and no suggestion had been made to him concerning a strap or any thing of that kind to fasten himself in the car. He did not see such a strap and that On cross- examination under the statute, the general manager of the defendant company testified as to the construction and operation of the Derby and its equipment.
Plaintiff contends that the defendant's negligence in failing to strap him into the seat, combined with the blow on the head constituted the proximate cause of the accident, and that,...
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Garcia v. Colo. Cab Co.
...the result complained of, and without which that result would not have occurred.’ " Id. (quoting Stout v. Denver Park & Amusement Co. , 87 Colo. 294, 296, 287 P. 650, 650 (1930) ); accord, e.g. , Rocky Mountain Planned Parenthood , ¶ 28 ; N. Colo. Med. Ctr., Inc. v. Comm. on Anticompetitive......
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People v. Rostad
...permit determination of liability in civil actions. See Mosko v. Walton, 144 Colo. 602, 358 P.2d 49 (1960); Stout v. Denver Park & Amusement Co., 87 Colo. 294, 287 P. 650 (1930). In the criminal law, the gist of the concept is the not-so-complex principle that persons normally should be dee......
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Hook v. Lakeside Park Co., 18490
...more strongly indicative of the presence of a necessary causal relation than in the case before us is that of Stout v. Denver Park and Amusement Company, 87 Colo. 294, 287 P. 650. There plaintiff, who was injured while riding on defendant's roller coaster, alleged that defendant was neglige......
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Martin K. Eby Construction Co. v. Neely, 7796.
...that result would not have occurred. Hook v. Lakeside Park Co., 142 Colo. 277, 351 P.2d 261, 86 A.L.R.2d 339; Stout v. Denver Park & Amusement Co., 87 Colo. 294, 287 P. 650; Town of Lyons v. Watt, 43 Colo. 238, 95 P. 949. In Mosko v. Walton, 144 Colo. 602, 358 P.2d 49, 52, the Colorado Supr......