Veraguth v. City of Denver
Colorado Court of Appeals
Error to the District Cou,rt of Arapahoe County. By the 26th subdivision of section 20, article II of the charter of the city of Denver, approved April 3, 1893 (Session Laws 1893* p. 131), the city council was empowered to prevent the deposit of ashes in unsafe places; and,. by the 58th subdivision of the same section, to declare, prevent or abate nuisances on public or' private property, and the cause thereof.
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Error to the District Cou,rt of Arapahoe County. By the 26th subdivision of section 20, article II of the charter of the city of Denver, approved April 3, 1893 (Session Laws 1893* p. 131), the city council was empowered to prevent the deposit of ashes in unsafe places; and,. by the 58th subdivision of the same section, to declare, prevent or abate nuisances on public or' private property, and the cause thereof. By sections 62 and 66 of article III, it is made the duty of the mayor, the members of the city council, the chief of police, and all assistants and members of ■the police department,…
1Opinion of the CourtThomson, P. J.
The only question which the record presents is whether, upon the facts alleged and proved, the city incurred a liability for the injury sustained by the plaintiff. The line of argument by which counsel seek to establish such liability, is that the charter invested the city with full power to enforce its ordinances, and charged certain of its officers with the duty of seeing that they were enforced; that the failure of those officers in the performance of their duty was imputable to the city as its. own dereliction of duty; that, but for such dereliction, the injury would not have been…
2Cases cited3 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- Wagner v. PortlandOregon Supreme Court · 1902
3Cited by9 opinions
- City of Denver v. DavisSupreme Court of Colorado · 1906
- Spomer v. City of Grand JunctionSupreme Court of Colorado · 1960
- City and County of Denver v. MadisonSupreme Court of Colorado · 1960
- City & County of Denver v. MasonSupreme Court of Colorado · 1931
- Mayne v. CurtisIndiana Court of Appeals · 1920
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