Denver & Rio Grande R.R. v. Peterson case brief

Denver & Rio Grande R.R. v. Peterson case brief summary
69 P. 578 (Colo. 1902)

CASE SYNOPSIS

Defendant borrower filed a writ of error based upon a judgment by the County Court of El Paso County (Colorado) that found in favor of plaintiff lender in an action by the lender to recover damages for the failure of the borrower to return the borrowed property.

CASE FACTS
The lender brought an action against the borrower to recover damages for the failure of the borrower to return a cart. Judgment was entered in favor of the lender and the borrower filed a writ of error based on the decision. The borrower contended that it was unable to return the cart because the cart had been destroyed in a fire that burned the borrower's freight depot. The lender alleged that such fire was caused by the negligence of the borrower.

DISCUSSION

• On appeal, the court found that the evidence was insufficient to show the borrower's negligence and to sustain the verdict. 
• The court found that the testimony from the lender's witnesses regarding the cause of the fire at the depot was conflicting. 
• The court also found that the jury instructions regarding the testimony were unduly prejudicial to the borrower.

CONCLUSION

The judgment was reversed and the cause was remanded for a new trial.

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