DENVER & RIO GRANDE R.R. V. PETERSON
30 Colo. 77, 69 P. 578 (1902)
NATURE OF THE CASE: Denver (P) appealed a judgment for Peterson (P).
FACTS: Peterson (P) brought an action to recover from Denver (D) the sum of $89 on
account of the failure by D to deliver to P a certain hackney cart which D received from P,
for the purpose of transporting the same as a common carrier for hire from some point in the
east to the city of Colorado Springs. P charged D with negligence in that D negligently
allowed inflammable material to accumulate and remain on its right of way around its freight
depot, and that sparks from one of its engines reached this material, and set fire to it,
which thence spread to the freight depot, and destroyed the cart. P claimed that D did not
exercise the ordinary care required of it in the circumstances of the particular case, and
that such negligence either in whole or in part, was the direct and proximate cause of the
injury to P. P got a judgment for $85.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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