Maryland Casualty Co. v. City & County of Denver

A single question is here presented: Did the trial court err in permitting the defendant, City and County of Denver, to plead the statute of limitations after the action had been set for trial upon issues joined on the merits only?

On October 31, 1928, the Maryland Casualty Company filed its complaint charging* the defendant with causing the death of one Max Diamond by its negligence, and alleging a settlement by plaintiff under the Workmen’s Compensation Act, subrogation of the rights of the widow of deceased in plaintiff’s favor, and praying for judgment of $3,750, the amount paid by…