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Denver Tramway Co. v. Owens

Supreme Court of Colorado
36 P. 848 (1894)


Facts

Owens (plaintiff) sued the Denver Tramway Company (defendant) for injuries she suffered in an accident involving the company's cable car. At trial, Mead, a lawyer, testified that: (1) shortly after the accident, Owens consulted Mead for professional legal advice relating to the accident; (2) prior to that consultation, Mead and Owens had no attorney-client relationship; (3) Mead did not charge and Owens did not pay for the consultation; and (4) Owens and Mead did not enter into any agreement as a result of the consultation. Counsel for the company asked Mead if Owens’s trial testimony materially differed from what Owens told Mead during their consultation. The trial judge sustained Owens’s objection to this question. The trial ended in judgment for Owens. The company appealed to the Supreme Court of Colorado, arguing the judge erred in sustaining Owens’ objection.

Rule of Law

Issue

Holding and Reasoning (Elliott, J.)

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