69 P. 578 (Colo. 1902)
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.
- 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.
The judgment was reversed and the cause was remanded for a new trial.
Suggested Study Aids For Tort Law