Burlington & Colorado Railroad v. Colorado Eastern Railroad

The appellee, The Colorado Eastern Railroad Company, filed its petition in the district court whereby it sought to acquire, in special condemnation proceedings, certain parcels of land for its railroad purposes which belonged to, and were already used for similar purposes by, the respondent companies. The latter filed answers in which, inter alia, *223they denied petitioner’s authority, under the constitution and statutes of this state, to condemn the property in question; asserted it was not necessary to the construction or operation of petitioner’s railroad that respondents’ property should be…