Village of Clayton v. Colorado & S. Ry. Co.

OPINION OF THE COURT

BOTTS, J.

The village seeks to enjoin the railway company from obstructing what the former claims is a public crossing over the latter’s right of way tracks. The trial court granted the injunction and the company appeals.

The court bottomed its judgment on two grounds: (1) Dedication; and (2) estoppel. The latter ground may be disposed of quickly, since an examination of the record discloses that estoppel was not pleaded by the village, and therefore, is unavailable. Palmer v. Town of Farmington, 25 N. M. 145, 179 P. 227. This however, will not work a reversal, since the…