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Denver City Tramway Co. v. Lomovt

126 P. 276 (1912)

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Denver City Tramway Co. v. Lomovt

Colorado Supreme Court
126 P. 276 (1912)

SC

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.)

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