People ex rel. City of Denver v. Union Pacific Railway Co.
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Mandamus to compel certain railroad corporations to construct a viaduct over their tracks on Nineteenth street in the city of Denver. In the district court the proceedings were dismissed for insufficiency of the petitions. Petitioner brings error. Concurrent actions were brought by tbe city against each railroad company having tracks intersecting or extending along Nineteenth street in the city of Denver.
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Error to the District Court of Arapahoe County. Mandamus to compel certain railroad corporations to construct a viaduct over their tracks on Nineteenth street in the city of Denver. In the district court the proceedings were dismissed for insufficiency of the petitions. Petitioner brings error. Concurrent actions were brought by tbe city against each railroad company having tracks intersecting or extending along Nineteenth street in the city of Denver. The facts are identical in each case and in this court the actions were consolidated under number 2884, for the purpose of argument and…
1Opinion of the CourtChief Justice Hayt
The duty of railroad and other companies crossing highways to relieve the danger and inconvenience of such crossings, has been long recognized under the common law.
In City of Minneapolis v. St. Paul, M. & N. Railway Company, 35 Minn. 131, this rule is stated as follows:
“ The common law rule is that where a person or corporation is given the right to build a railroad, or make a canal, *190across a public highway, this gives them no right to destroy it as a thoroughfare, but they are bound to restore or unite the highway at their own expense, by some reasonably safe and convenient means of passage,…
2Cases cited10 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
- Leopard v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1843
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
- City of Durham v. Southern Railway Co.Supreme Court of North Carolina · 1923
- State ex rel. City of Omaha v. Union Pacific RailroadNebraska Supreme Court · 1913
- People ex rel. City & County of Denver v. Court of AppealsSupreme Court of Colorado · 1905
- Burlington & Colorado Railroad v. People ex rel. City of DenverColorado Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.