Denver & Rio Grande Railroad v. Doelz

Mr. Justice Gabbert,

specially concurring:

While I concur in the conclusion of the majority, I express no opinion on the proposition on which it is based, but reach the same conclusion from the facts which I shall state, and upon a proposition fully argued by respective counsel, namely, that plaintiff’s grantor could not maintain any action except for the value of the land; and that plaintiff took the land subject to the burden of the railroad, but cannot maintain an action for damages because such right did not pass with the land.

Appellee, Doelz, claiming to be the owner of a strip of land…