Colorado M. R'y Co. v. Croman
Supreme Court of Colorado
Appeal from, District Court of Rithin County. This was a proceeding in condemnation started by the railroad company in July, 1886, against Croman and numerous other parties, to obtain title to certain lands in the vicinity of the city of Aspen required for trackage and other purposes. The property across which the company sought to run its lines- were sundry mining claims averred to belong to various defendants, who were made parties to the suit.
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Appeal from, District Court of Rithin County. This was a proceeding in condemnation started by the railroad company in July, 1886, against Croman and numerous other parties, to obtain title to certain lands in the vicinity of the city of Aspen required for trackage and other purposes. The property across which the company sought to run its lines- were sundry mining claims averred to belong to various defendants, who were made parties to the suit. The petition contained all the averments essential to show interest in the defendants and right on the part of the petitioners to condemn. In…
1Opinion of the Court
Bissell, C.
Hpon the record it is impossible for this court to do otherwise than affirm the judgment or order of condemnation. The objection that the testimony is insufficient to support it is not well taken.
The appellants contend that under one instruction, which the court gave, they were entitled upon the testimony to have the verdict set aside. The court instructed the jury, in substance, that a mining claim must be located along the course of the vein, and that the locators of a claim running across the strike of it could obtain no title to the surface ground within the limits of the…
2Cases cited4 opinions
- Colorado Cent. R. v. AllenSupreme Court of Colorado · 1889
- Patterson v. HitchcockSupreme Court of Colorado · 1877
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- G. B. & L. R'y Co. v. HaggartSupreme Court of Colorado · 1886
3Cited by10 opinions
- Houston North Shore Railway Co. v. TyrrellTexas Supreme Court · 1936
- Denver Power & Irrigation Co. v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1902
- City of Englewood v. ReffelSupreme Court of Colorado · 1970
- STATE EX REL. DEPT. OF TRANSP. v. MehtaCourt of Civil Appeals of Oklahoma · 2008
- State ex rel. Department of Transportation v. MehtaCourt of Civil Appeals of Oklahoma · 2008
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