Lyons & Estes Park Toll Road Co. v. People ex rel. Sprague

This action, in the nature of quo warranto by the people of the state of Colorado on the relation of Abner E. Sprague, is prosecuted by the district attorney of the eighth judicial district to inquire by what right the defendant (appellant here) assumes to collect toll from the public for traveling upon a road in Boulder and Larimer counties in this state. The answer of defendant exhibits as its authority therefor a franchise which purports to be a grant from the state of Colorado to construct, buy and operate a toll road and collect tolls from persons traveling thereon. And since defendant…