Denver & S. F. R. v. Domke
Supreme Court of Colorado
Appeal from Superior Court of Denver. In November, 1880, the Denver Circle Railroad Company was organized as a corporation under and by virtue of the laws of the state of Colorado,. In January, 1881, it procured the passage of an ordinance by the- city council granting authority to locate, construct,, maintain and operate a single or double track railway and telegraph line through certain streets of the city, including Willow lane and Clark street.
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Appeal from Superior Court of Denver. In November, 1880, the Denver Circle Railroad Company was organized as a corporation under and by virtue of the laws of the state of Colorado,. In January, 1881, it procured the passage of an ordinance by the- city council granting authority to locate, construct,, maintain and operate a single or double track railway and telegraph line through certain streets of the city, including Willow lane and Clark street. It thereupon proceeded to- construct a narrow gauge railway through the streets above-named, among others, and during the- same year completed and…
1Opinion of the CourtHelm, J.
The constitution (art. 15, § 4) declares, inter jeilia, that “any association or corporation organized for the purpose shall have a right to construct and operate a *250railroad between any designated points within the state.” It may happen that one of the “designated points” is within the corporate limits of some city or town, and can only be reached through a street. The legislature, by the act in force when the Circle Company ordinance was passed, authorized the city council of Denver “to regulate and prohibit the use of locomotive engines, to direct and control the location of railroad…
2Cases cited11 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- City of Denver v. BayerSupreme Court of Colorado · 1883
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Denver Circle R. v. NestorSupreme Court of Colorado · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- City of Pueblo v. StraitSupreme Court of Colorado · 1894
- Clemens v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1904
- Olin v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1898
- Denver & Santa Fe Railway Co. v. HanneganSupreme Court of Colorado · 1908
27 more not listed; retrieve them via the Exa API.