City of Denver v. Denver City Cable Railway Co.
Supreme Court of Colorado
Error to the County Court of Arapahoe County. These two cases were commenced in the police magistrate’s court in the city of Denver, and taken on appeal to the county court.
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Error to the County Court of Arapahoe County. These two cases were commenced in the police magistrate’s court in the city of Denver, and taken on appeal to the county court. In the first, the complaint charged the defendant with the violation of a city ordinance, in that “said company did fail and refuse to maintain and keep clean certain syphons and sewers crossing under its tracks on.certain streets in the city of Denver;” and was brought under section 2 of ordinance No. 27, of the series of 1889, which, inter alia, provides : “ Any person, persons, company or corporation who shall lay any…
1Opinion of the CourtJustice Goddard
The eases were argued and submitted together, and involve substantially the same question, to wit, whether the railway company is liable for the foul and unsanitary condition of certain syphons or catch basins connected with culverts constructed by it, under the direction of the city.
The facts out of which the controversy arose are undisputed, and substantially as follows : The defendant company is a corporation organized under the laws of Colorado, and operating street railways in the city of Denver, under and by virtue of a franchise granted by ordinance 36 of the series of 1888, sections 8…
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