11 Colo. 124 | Colo. | 1887
The plaintiff, at the time of the injury complained of, was an employee of the defendant company. The evidence showed the accident and the injury to the plaintiff, but left the cause of the accident entirely unexplained. This was not sufficient to raise a presumption of negligence upon the part of the company. In actions of this character the presumption is that the employer has discharged his duty to the employee. It was for the plaintiff to overcome this presumption by showing negligence upon the part of the company. Wood, Mast. & Serv. §§ 368-382, and cases cited; Railroad Co. v. Salmon, 11 Kan. 83. This the plaintiff failed to do; the evidence does not fix liability upon any one. The cause of the accident is uncertain. It may have been the result of a defect, either latent or patent, in the machín
Affirmed.