Denver City Tramway Co. v. Lomovt
Colorado Supreme Court
126 P. 276 (1912)

- Written by Sean Carroll, JD
Facts
Ida Lomovt (plaintiff), a minor, was hit by a train owned by Denver City Tramway Company (the company) (defendant), causing her injuries. Lomovt sued the company, alleging negligence. At trial, the company called Earl Murray, who had witnessed the accident. Murray’s testimony largely supported the company’s theory of the case, which was that Lomovt was improperly on the tracks, causing the accident. During cross-examination, Lomovt’s attorney asked Murray if he had stated right after the accident that “the motorman ought to be lynched.” Murray replied that he did not say that. Lomovt’s attorney then called two witnesses who were present after the accident. These witnesses testified over the company’s objection that they heard Murray state that the motorman should be lynched. The trial court allowed the testimony solely to impeach Murray’s credibility as a witness. The court instructed the jury that it should not take the statement as any evidence of the company’s guilt. The trial court ruled in favor of Lomovt. The company appealed.
Rule of Law
Issue
Holding and Reasoning (Hill, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.