Denver & Rio Grande Railroad v. Shaw

1. This action is for the value of a colt killed by defendant’s train November 26,1908. The case was commenced and tried in a justice court, where the jury found for the plaintiff. On appeal to the county court, plaintiff again obtained a judgment, and the company brings the case here on error.

The legislature in 1902, at a special session, passed an act in relation to fencing railroads which, if valid, went into effect June 13, 1902. (See Session Laws 1902, p. 23.) We have twice declared this act unconstitutional. Denver Co. v. Moss, 50 Colo. 282, 115 Pac. 696; C. & S. Co. v. King, 51 Colo.…