City of Leadville v. McDonald
Supreme Court of Colorado
Error to Lake District Court, Hon. Francis E. Bouck, Judge.
1Opinion of the Court
Opinion by
Mr. Justice Denison.
The two cases involve the same points and we shall refer in this opinion only to the one first above named.
The defendant in error was plaintiff below and brought suit against the city for damages caused by digging up his sidewalk and destroying a retaining wall in front of his lots on Seventh Street.
The city justified under a resolution of the Council passed in 1916, establishing the grade, and alleged that it had merely reduced the sidewalk to the grade provided by that resolution.
The plaintiff, however, had (prematurely) alleged in his complaint that there were…
2Cases cited8 opinions
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- City of Oakland v. CarpentierCalifornia Supreme Court · 1859
- Thompson v. . SchermerhornNew York Court of Appeals · 1851
- McCrowell v. City of BristolSupreme Court of Virginia · 1893
- Davies v. City of SaginawMichigan Supreme Court · 1891
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3Cited by5 opinions
- Matter of Estate of BarnesColorado Court of Appeals · 1978
- City of Denver v. Bargan Land & Investment Co.Supreme Court of Colorado · 1928
- Gidley v. City of Colorado SpringsSupreme Court of Colorado · 1966
- Bonham v. TiptonSupreme Court of Colorado · 1927
- Gidley v. City of Colorado SpringsSupreme Court of Colorado · 1966