Denver & Rio Grande Railroad v. Morton

In the latter part of this year 1889 the appellee .Morton owned a ranch in Gunnison county which abutted the right of way of the Rio Grande Railroad. About the middle of October a fire broke out on the land and burned over quite a portion of the farm. This action was brought against the railroad company to recover the resulting damages. The liability of the corporation to respond if the fire was occasioned by its trains was not disputed. Morton recovered judgment for $150. The railroad company appealed to the supreme court, which transferred the case to this court for determination. A good…