This section contains the nature of the case and procedural background.

Peterson (P) brought an action to recover from Denver (D) the sum of $89 on account of the failure by D to deliver to P a certain hackney cart which D received from P, for the purpose of transporting the same as a common carrier for hire from some point in the east to the city of Colorado Springs. P charged D with negligence in that D negligently allowed inflammable material to accumulate and remain on its right of way around its freight depot, and that sparks from one of its engines reached this material, and set fire to it, which thence spread to the freight depot, and destroyed the cart. P claimed that D did not exercise the ordinary care required of it in the circumstances of the particular case and that such negligence either in whole or in part, was the direct and proximate cause of the injury to P. P got a judgment for $85.

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