Colorado & Southern Railway Co. v. Dimitroff

MEMORANDUM OPINION

FELTER, Justice.

Plaintiff-appellee, Rodney R. Dimitroff, was awarded judgment in the sum of $5,145.00 against defendant-appellant, Colorado & Southern Railway Company for the use of 2.25 acres of plaintiff’s land. After affirmance by the Court of Appeals, we granted the petition for a writ of certiorari filed by appellant. We reverse the judgment of the trial court and the decision of the Court of Appeals.

The facts material to a resolution of this case, which were found by the trial court, supported by the evidence and not in dispute are as follows:

1. One of the defendant’s…