Union Pacific Railway Co. v. Foley

This is an action to recover damages occasioned by the unauthorized use, by appellant, of -a public street in front of appellee’s premises. It is conceded that the railroad company’s tracks were lawfully in the street, and that the company had the right to operate its cars thereon for ordinary railroad purposes. The grievance complained of is stated as follows:

“ For six years past defendant has had three-rail track for standard and narrow gauge cars along Wynkoop street, a public highway between Eighteenth and Nineteenth streets, in Denver, which for that period it has used almost daily for…