Broadmoor Land Co. v. Curr
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Some time prior to the 8th day of September, 1903, Curr filed in the district Court of El Paso county, Colo., a petition in condemnation proceedings, whereby he sought to obtain a judgment of that court authorizing and empowering him to enlarge the Myers ditch, described in said petition, and also to condemn certain lands for the purpose of constructing the Curr reservoir ditch; said enlargement…
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In Error to the Circuit Court of the United States for the District of Colorado. Some time prior to the 8th day of September, 1903, Curr filed in the district Court of El Paso county, Colo., a petition in condemnation proceedings, whereby he sought to obtain a judgment of that court authorizing and empowering him to enlarge the Myers ditch, described in said petition, and also to condemn certain lands for the purpose of constructing the Curr reservoir ditch; said enlargement of the Myers ditch and the construction of the Curr reservoir ditch being for the purpose of carrying to petitioner’s…
1Opinion of the Court
CARLAND, District Judge, after stating the case as above, de-
livered the opinion of the court.
After removal of this case from the district court of El Paso county to the United States Circuit Court for the District of Colorado, the latter court was bound to follow the statutes of Colorado regulating the taking of private property for public purposes and the ascertainment of proper compensation therefor. As was said in East Tennessee V. G. R. R. Company v. S. T. Co., 112 U. S. 310, 5 Sup. Ct. 169, 28 L. Ed. 746:
*424“The remedy Is statutory only, and every court which takes jurisdiction is limited…
2Cases cited8 opinions
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Union Pacific Railroad v. Colorado Postal Telegraph-Cable Co.Supreme Court of Colorado · 1902
- Colorado Fuel & Iron Co. v. Four Mile Railway Co.Supreme Court of Colorado · 1901
- East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co.Supreme Court of the United States · 1884
- Sand Creek Lateral Irrigation Co. v. DavisSupreme Court of Colorado · 1892
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3Cited by4 opinions
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
- McLellan v. Automobile Ins. Co.Court of Appeals for the Ninth Circuit · 1935
- United States v. O'NeillDistrict Court, D. Colorado · 1912
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959