Broadmoor Land Co. v. Curr
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. On motion to modify supersedeas. This proceeding was instituted in the district court of El Paso county, Colo., by John Y. Curr, the defendant in error, against the Broadmoor Land Company, the plaintiff in error, to condemn the right to enlarge and use a portion of the Myers Ditch, so called, which is owned by plaintiff in error, and also the right of way for a new ditch over and across lands of…
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In Error to the Circuit Court of the United States for the District of Colorado. On motion to modify supersedeas. This proceeding was instituted in the district court of El Paso county, Colo., by John Y. Curr, the defendant in error, against the Broadmoor Land Company, the plaintiff in error, to condemn the right to enlarge and use a portion of the Myers Ditch, so called, which is owned by plaintiff in error, and also the right of way for a new ditch over and across lands of plaintiff in error to convey water for irrigation purposes to lands of defendant in error. • On petition of the…
1Opinion of the CourtLochren, District Judge
Ordinarily, where real estate or an easement therein is proposed to be taken under the exercise of the power of eminent domain for a purpose for which the law permits it to be so taken, the only matter to be contested is the amount of compensation to be paid. And when that amount, after full hearing, has been fixed by a jury, it seems just, and it is usually provided by statute, that the proposed enterprise shall not be delayed by proceedings on writs of error, in case the petitioner pays into court the amount awarded by the verdict and costs. The amount fixed by the jury is presumably just,…
2Cases cited3 opinions
- East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co.Supreme Court of the United States · 1884
- Downing v. MoreSupreme Court of Colorado · 1888
- Junction Creek & North Durango Domestic & Irrigating Ditch Co. v. City of DurangoSupreme Court of Colorado · 1895
3Cited by3 opinions
- Steamboat Lake Water & Sanitation District v. HalvorsonColorado Court of Appeals · 2011
- Broadmoor Land Co. v. CurrCourt of Appeals for the Eighth Circuit · 1905
- Steamboat Lake Water & Sanitation District v. HalvorsonColorado Court of Appeals · 2011