Georgetown & Silver Plume Road Co. v. Hutchinson
Supreme Court of Colorado
Mrror to Probate Court of Clear Creek. County. The plaintiff in error, a corporation organized under the statute, brought an action before a justice of the peace against Hutchinson, the defendant in error, to recovera balance of one hundred and sixty-five dollars claimed to be due from Hutchinson for tolls upon its wagon road. The plaintiff had judgment and the defendant appealed to the probate court.
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Mrror to Probate Court of Clear Creek. County. The plaintiff in error, a corporation organized under the statute, brought an action before a justice of the peace against Hutchinson, the defendant in error, to recovera balance of one hundred and sixty-five dollars claimed to be due from Hutchinson for tolls upon its wagon road. The plaintiff had judgment and the defendant appealed to the probate court. At • the trial in the probate court, E. L. Shepherd was called as a witness for the plaintiff, and the following •proceedings were had as appears inter alia by the record: “ I knew the…
1Opinion of the CourtElbert, J.
The failure of the board of county commissioners to make and keep a record of its actions prescribing rates of toll to be “ charged and collected ” by the plaintiff, could not prejudice the right of the plaintiff to charge and collect its tolls.
The absence of such record being made to appear, the plaintiff should have been allowed to show that application was made, and that its rates of toll had been, in fact, prescribed by the board, in compliance with the provisions of the statute.
The judgment of the court below is reversed, and the cause remanded for further proceedings according to law-'
Re…
2Cited by5 opinions
- Tallon v. Vindicator Consolidated Gold Mining Co.Supreme Court of Colorado · 1915
- Long v. Pierce CountyWashington Supreme Court · 1900
- Mugrage v. PeopleColorado Court of Appeals · 1914
- Mugrage v. PeopleColorado Court of Appeals · 1914
- Peroulis v. Board of County CommissionersColorado Court of Appeals · 1982