Fort Collins Development Railway Co. v. France
Supreme Court of Colorado
Appeal from the County Court of Larimer County. Eon. J. Mach Mills, Judge. Action by J. H. France against The Fort Collins Development Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtJustice Maxwell
This action was brought to recover damages arising from the construction and operation by appellant of a railroad near the southerly line of appellee’s premises, which he occupied as a home, in the city of Fort Collins.
From a blue print of a map of the premises introduced as an exhibit by appellant, and appellant’s witnesses, it is learned that appellee’s lot is 75 feet wide, fronts south on College avenue, with a depth of 175 feet; that appellant’s railroad is constructed upon an embankment 19 feet high with a base width of 47 feet, crossing College avenue upon a viaduct 65 feet long at an…
2Cases cited9 opinions
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- City of Denver v. BayerSupreme Court of Colorado · 1883
- Chicago & Alton Railroad v. Springfield & Northwestern RailroadIllinois Supreme Court · 1873
- City of Omaha v. KramerNebraska Supreme Court · 1889
- Germania Life Insurance v. LewinSupreme Court of Colorado · 1897
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3Cited by11 opinions
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- Bankers Trust Co. v. International Trust Co.Supreme Court of Colorado · 1941
- United States v. Certain Parcels of Land in the County of Arlington, State of Virginia, and Howard W. SilsbyCourt of Appeals for the Fourth Circuit · 1958
- Dittbrenner v. MyersonSupreme Court of Colorado · 1946
- Stone v. Union Fire InsuranceSupreme Court of Colorado · 1940
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