City of Durango v. Luttrell
Supreme Court of Colorado
Appeal from the District Court of La Plata County. Action for damages occasioned by street excavation in front of plaintiff’s premises. Appellee Luttrell was plaintiff below. The city of Durango was defendant.' Verdict and judgment for plaintiff. The defendant brings this appeal.
1Opinion of the Court 1
On Rehearing.
2Opinion of the Court · ElliottJustice Elliott
Upon the original hearing of this cause I concurred in the opinion of Mr. Justice Helm, reversing the judgment of the *124lower court. Upon the rehearing, I am convinced that the questions of law upon which the opinion of reversal was based are not properly presented for determination upon this appeal.
1. To justify the reversal of a judgment rendered in a civil, action by a court having jurisdiction of the subject-matter and the parties, the record brought to this court for review must disclose,
First, some manifest error affecting the substantial rights of the party seeking such…
3Cases cited7 opinions
- City of Denver v. BayerSupreme Court of Colorado · 1883
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Wray v. CarpenterSupreme Court of Colorado · 1891
- Keith v. WellsSupreme Court of Colorado · 1890
- City of Denver v. VerniaSupreme Court of Colorado · 1885
2 more not listed; retrieve them via the Exa API.
4Cited by3 opinions
- Leiper v. City of DenverSupreme Court of Colorado · 1906
- Gidley v. City of Colorado SpringsSupreme Court of Colorado · 1966
- Gidley v. City of Colorado SpringsSupreme Court of Colorado · 1966