Colorado Court of Appeals January 15, 1898, No. 1356 (Denver & Rio Grande Railroad v. Andrews)

Bissell, J.,

delivered the opinion of the court.

The casualty which wrecked the Rio Grande train between Antonito and Durango was involved in a suit decided in this court at the January term of 1897, found in the 9th Colo. Court of App. 86. Denver & Rio Grande Railroad Company v. Pilgrim. The two suits were tried on a totally different basis.