Burlington & Colorado Railroad v. People ex rel. City of Denver
Colorado Court of Appeals
Appeals from the District Court of Arapahoe County. By an act of the legislature approved March 11, 1899, amendatory of the charter of the city of Denver, the city council was empowered ‘ ‘ to require railroad companies to. construct, at their own expense,, such bridges and their approaches, tunnels or other conveniences at public crossings, and such viaducts and their approaches over their tracks, where the same cross or extend along the public highways or streets, and to…
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Appeals from the District Court of Arapahoe County. By an act of the legislature approved March 11, 1899, amendatory of the charter of the city of Denver, the city council was empowered ‘ ‘ to require railroad companies to. construct, at their own expense,, such bridges and their approaches, tunnels or other conveniences at public crossings, and such viaducts and their approaches over their tracks, where the same cross or extend along the public highways or streets, and to put such streets in such, condition and state of repair as not to interfere with the free and proper use of such street…
1Opinion of the CourtThomson, P. J.
It is contended that the ordinance is void for uncertainty. We assent to the proposition that before the respondents can be compelled to construct the viaduct or viaducts contemplated by the ordinance, the details of the work should be specified with such reasonable certainty that an adherence to the. specifications in the performance of the duty must be accepted as a fulfillment of the requirement. But it does not follow that such details must be incorporated in the ordinance; or that the ordinance is invalid *188because its requirements are expressed in general terms. Plans and specifications…
2Cases cited5 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- State ex rel. City of Minneapolis v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- People ex rel. City of Denver v. Union Pacific Railway Co.Supreme Court of Colorado · 1894