Supreme Court of Colorado April 15, 1895 (Denver & Rio Grande Railroad v. Sullivan)

Mr. Justice Goddard

delivered the opinion of the court.

It is manifest from the instructions under which the evidence was submitted to the jury, and the special findings, that the derailment of the car upon which appellee was standing at the time was occasioned by a defect in the track; and hence the negligence upon which the appellee bases his right of recovery against the appellant would also