Smith v. Denver & Rio Grande Railroad

In June, 1905, plaintiff while employed as telegrapher at Marshall Pass on a railroad operated by défendant lost his furniture and household goods by fire, which also destroyed the station where he was employed and lived, although at that time he was absent from his employment and residence. In November, 1908, plaintiff brought suit to recover damages for the value of his property so lost, on the ground that the damage had been occasioned by the negligence of the company in setting out the fire through a defective engine. Defendant demurred to the complaint on the ground that the statute of…