Legal Opinion

Denver & Swansea Railway Co. v. Denver City Railway Co.

Supreme Court of Colorado

Decided February 15, 1875PublishedCited by 22 opinions

Error to District Court, Arapahoe County. The bill was filed by the Denver City Railway Company against the Denver and Swansea Railway Company, Miers Fisher, Charles Rnter, and John G. Perrenond. It alleged that complainant was a corporation under an act of assembly approved January 10, 1867 (6 Sess. 105), which was set out in the bill. The provisions of the act are given in the opinion.

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Error to District Court, Arapahoe County. The bill was filed by the Denver City Railway Company against the Denver and Swansea Railway Company, Miers Fisher, Charles Rnter, and John G. Perrenond. It alleged that complainant was a corporation under an act of assembly approved January 10, 1867 (6 Sess. 105), which was set out in the bill. The provisions of the act are given in the opinion. Complainant claimed an exclusive right under said act to construct and operate railways in the city of Denver, for transporting passengers for hire. The bill also alleged that complainant had constructed…

1Opinion of the CourtBrazee, J.

On the 29th day of June, A. D. 1874, the defendant in error filed its bill of complaint against the plaintiff in error, and the relief prayed for therein was, in substance, that the defendant below be restrained from preventing and obstructing the plaintiff from building, etc., its railway on Twenty-third street, in the city of Denver, and from preventing and hindering the plaintiff from removing obstructions in said Twenty-third street, and from constructing in Holladay street, in said city, or any part thereof, a railway, and from placing ties, rails, and other material on the same; and…

2Cases cited3 opinions

  1. The People v. . KerrNew York Court of Appeals · 1863
  2. Milhau v. . SharpNew York Court of Appeals · 1863
  3. People's Railroad v. Memphis RailroadSupreme Court of the United States · 1869

3Cited by22 opinions

  1. Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
  2. McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
  3. Community Tele-Communications, Inc. v. Heather Corp.Supreme Court of Colorado · 1984
  4. City and County of Denver v. Denver Tramway CorporationCourt of Appeals for the Eighth Circuit · 1927
  5. State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906

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