Legal Opinion

Colorado Midland Railway Co. v. Snider

Supreme Court of Colorado

Decided September 15, 1906No. 5209; No. 5820 C. APublishedCited by 7 opinions

Appeal from the District Court of El Paso County. Hon. Louis W. Cunningham, Judge. Action by Elmore E. Snider against Tlie Colorado Midland Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtJustice Maxwell

Action for damages sustained by fire, alleged to have been caused by sparks from the engines of ap*353pellant used by it in the operation of its line of railroad.

A jury trial resulted in a verdict and judgment against appellant,‘from which this appeal.

At the close of the testimony, the case stood thus: On June 19, 1899, at 11:30 and 11:45 a. m., trains operated by appellant, drawn by two and one engines respectively, passed over its road adjacent to the premises destroyed, going west up a steep grade, working hard. The wind was blowing from the northeast. The smoke from the engines passed over…

2Cases cited3 opinions

  1. Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
  2. Denver, South Park & Pacific R. R. v. FrameSupreme Court of Colorado · 1882
  3. John Mouat Lumber Co. v. WilmoreSupreme Court of Colorado · 1890

3Cited by7 opinions

  1. Colorado Kenworth Corporation v. WhitworthSupreme Court of Colorado · 1960
  2. Ward v. Teller Reservoir & Irrigation Co.Supreme Court of Colorado · 1915
  3. Montgomery v. TuffordSupreme Court of Colorado · 1968
  4. City of Victor v. SmilanichSupreme Court of Colorado · 1913
  5. Trustees of Little Cedar Congregation v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1912

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