Parker v. City and County of Denver

With a firm belief that the effects of the majority opinion are so far reaching and particularly devasting to municipalities, I dissent therefrom and am actuated to an expression of my views thereon.

Of first consideration is the fact that, in my opinion, the overruling of the Burrows and Phillips cases of long standing is gratuitous and not called for or required. These cases have not been attacked by counsel for plaintiff and it seems that counsel relied upon the defect in the case at bar as being more than one and three-eighths inches as shown by some of the testimony in the case. This…