Platte & Denver C. & M. Co. v. Dowell
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The statute of 1887 considered in the following opinion reads: “ Sec. 1. That every corporation and company whether created by special act, or organized under the general incorporation laws of this state, and every partnership, person or persons who now, or may at any time hereafter, own or control any canal or ditch, or any part thereof, being two feet in width or over, and carrying water to the depth of twelve inches or over,…
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Appeal from District Court of Arapahoe County. The statute of 1887 considered in the following opinion reads: “ Sec. 1. That every corporation and company whether created by special act, or organized under the general incorporation laws of this state, and every partnership, person or persons who now, or may at any time hereafter, own or control any canal or ditch, or any part thereof, being two feet in width or over, and carrying water to the depth of twelve inches or over, which canal or ditch, or any part thereof, is within the corporate limits of any city denominated in the law as of the…
1Opinion of the CourtJustice Helm
Appellant was and is the owner of a canal conveying *379a large volume of water through a thickly populated portion of the city of Denver for milling purposes. This canal being uncovered, George E. Dowell, a minor son of appellees, fell in and was drowned. The present action was brought by appellees under section 1509 of Mills’ Annotated Statutes to recover damages on the ground of negligence resulting in the decease of the said George E., as aforesaid. The only default or neglect averred in the complaint was the failure and refusal of appellant to confine, flume or cover its canal as required bj…
2Cases cited19 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Stone v. MississippiSupreme Court of the United States · 1880
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- People v. BlueSupreme Court of Colorado · 1975
- Davis v. BoggsArizona Supreme Court · 1921
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Langazo v. San Joaquin Light & Power Corp.California Court of Appeal · 1939
- Orr Ditch & Water Co. v. Justice Court of Reno TownshipNevada Supreme Court · 1947
29 more not listed; retrieve them via the Exa API.