Wagner v. Way
Supreme Court of Colorado
Action for injunction to prohibit defendant from interfering with an aerial tramway. Judgment of dismissal. On Application for Supersedeas. Error to the District Court of San Juan County, Hon. W. N. Searcy, Judge.
1Opinion of the CourtJustice Denison
The plaintiffs in error were plaintiffs below and were denied their prayer for an injunction to forbid defendants to interfere with the lower end of an aerial tramway and their bill was dismissed. They ask for a supersedeas.
The plaintiffs claimed the tramway under a lease to defendant, who built it, by virtue of a clause in the lease forfeiting improvements, etc., “placed on the property” by the lessee, on termination of the lease by failure to make the payments therein required. Upon such failure the lessor took possession. The lower end was not literally “on” the leased property and so the…
2Cases cited2 opinions
- Warner v. BennettSupreme Court of Connecticut · 1863
- Crane v. DwyerMichigan Supreme Court · 1861
3Cited by2 opinions
- Indian Creek Coal Mining Co. v. Home Savings & Merchants BankSupreme Court of Colorado · 1926
- Cornucopia Leasing, Mining & Milling Co. v. KenneySupreme Court of Colorado · 1927