City of Denver v. Barron
Colorado Court of Appeals
Appeal from the District Court of Arapahoe .County. Mrs. Barron, the appellee, got hurt on Thirty-Fourth avenue, in the city of Denver, on the first of March, 1892. It appears from the proof that prior to that time a sewer had been laid along the alley between Franklin and Humboldt streets where they cross Thirty-Fourth avenue, and had been continued in its course probably across the avenue.
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Appeal from the District Court of Arapahoe .County. Mrs. Barron, the appellee, got hurt on Thirty-Fourth avenue, in the city of Denver, on the first of March, 1892. It appears from the proof that prior to that time a sewer had been laid along the alley between Franklin and Humboldt streets where they cross Thirty-Fourth avenue, and had been continued in its course probably across the avenue. On the evening of the day in question, and a little after dark, or thereabouts, Mrs. Barron, with her two children, was driving along the avenue towards home. When she got to the point where the sewer…
1Opinion of the CourtBissell, P. J.
The arguments and the record suggest hut two matters to be determined. The first relates to the contents of the notice which was served on the mayor, and the second springs from the contention that there is no necessity for a notice at all, because of the unconstitutionality of the legislation which provides for it. Disposing of these matters in their inverse order, we will first consider the alleged unconstitutionality of the act of the legislature. Our discussion will consist of nothing but the simple suggestion of the matters on which we rest our opinion. If the question be in any wise…
2Cases cited20 opinions
- Brown v. City of DenverSupreme Court of Colorado · 1884
- City of Denver v. DunsmoreSupreme Court of Colorado · 1884
- People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
- Carpenter v. People ex rel. TilfordSupreme Court of Colorado · 1884
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3Cited by3 opinions
- People ex rel. Moore v. PerkinsSupreme Court of Colorado · 1913
- Maryon v. City of AtlantaSupreme Court of Georgia · 1919
- Cunningham v. City of DenverSupreme Court of Colorado · 1896