Jackson v. Kiel
Supreme Court of Colorado
Appeal from Superior Court of Denver. Kiel, plaintiff below, is the owner in fee of lot 3, block 36, West Denver. This lot, upon which is erected four dwelling-houses, with fences, out-buildings, etc., fronts a distance of sixty-six feet on Tenth street.
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Appeal from Superior Court of Denver. Kiel, plaintiff below, is the owner in fee of lot 3, block 36, West Denver. This lot, upon which is erected four dwelling-houses, with fences, out-buildings, etc., fronts a distance of sixty-six feet on Tenth street. Wyncoop street, which intersects Tenth street one hundred and thirty-two feet southeasterly of plaintiff’s lot, furnishes the only approach thereto; Tenth street terminating a few feet beyond, and there being no connecting street or alley in the opposite direction. The Denver & Rio Grande Railway Company erected its railroad tracks along…
1Opinion of the CourtChief Justice Helm
We shall decline to follow counsel into a discussion of the question whether plaintiff has, and has sufficiently pleaded, a right to recover for injuries to his property occasioned by the construction and operation of the railway mentioned through the intersection of Tenth and Wyncoop streets. The complaint is not artificially worded, but it appears to have been framed upon the theory of an unlawful obstruction or abatable public nuisance, whereby plaintiff suffered a special and peculiar private injury; and we think enough facts are averred in support of this cause of action to justify the…
2Cited by14 opinions
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Board of County Commissioners v. AdlerSupreme Court of Colorado · 1920
- City of Pueblo v. StraitSupreme Court of Colorado · 1894
- Cushing - Wetmore Co. v. GrayCalifornia Supreme Court · 1907
- Fogg v. Nevada-California-Oregon RailwayNevada Supreme Court · 1890
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