Legal Opinion

Biella v. State Department of Highways

Colorado Court of Appeals

Decided October 25, 1982No. 81CA0245PublishedCited by 22 opinions

1Opinion of the Court

VAN CISE, Judge.

Defendants, State Department of Highways and the State of Colorado, appeal the trial court’s award of damages to the plaintiff and its order denying defendants’ motion to vacate default judgment. Plaintiff has abandoned his cross-appeal. We affirm.

On April 19, 1978, the plaintiff’s prize heifer wandered onto Colorado Highway 36 and was killed by an oncoming car. Plaintiff’s lawyer demanded payment from the State of Colorado, claiming that the State had failed to maintain the fence which separated plaintiff’s land from the highway. The State, acting through its insurance…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Dugan v. RankSupreme Court of the United States · 1963
  2. Ellis Campbell, Jr., District Director of Internal Revenue v. J. M. Eastland and Montez EastlandCourt of Appeals for the Fifth Circuit · 1962
  3. Aeronautical Communications Equipment, Inc. v. PierceSupreme Court of the United States · 1963
  4. Teresa Baez, Individually and as Next Friend of Francisco Baez, Jr . v. S. S. Kresge CompanyCourt of Appeals for the Fifth Circuit · 1975
  5. Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. McLaughlin v. Board of Trustees of State CollegesCourt of Appeals for the Tenth Circuit · 2000
  2. State v. MoldovanSupreme Court of Colorado · 1992
  3. Goodman Associates, LLC v. WP Mountain Properties, LLCSupreme Court of Colorado · 2010
  4. Estep v. PeopleSupreme Court of Colorado · 1988
  5. E.B. Jones Construction Co. v. City & County of DenverColorado Court of Appeals · 1986

17 more not listed; retrieve them via the Exa API.

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