Denver & Rio Grande R.R. v. Peterson
Colorado Supreme Court
69 P. 578 (1902)
- Written by Angela Patrick, JD
Facts
Albert Peterson (plaintiff) hired the Denver & Rio Grande Railroad (the railroad) (defendant) to transport his hackney cart, which was a type of horse carriage, to Colorado Springs. After the cart arrived, the railroad stored the cart in a warehouse at its freight depot. A fire broke out, destroying the cart. Peterson sued the railroad for negligence, seeking damages for his ruined cart. According to Peterson, the railroad had negligently built and maintained the freight depot, which allowed flammable material to accumulate. Peterson claimed that the railroad had also negligently maintained its trains, which caused sparks or embers to shoot from a train’s smokestack and ignite the accumulated flammable material. The ignited material then caused the warehouse fire that destroyed Peterson’s cart. The trial court instructed the jury that the railroad’s duty of care depended on the value of the items handled by the railroad and how much the railroad could afford to spend to build and maintain its building and equipment. The jury found that the railroad had been negligent and awarded Peterson $85. The railroad appealed to the Colorado Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Campbell, C.J.)
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