Colorado & Southern Railway Co. v. District Court

This is an original proceeding by which petitioners, Colorado & Southern Railway and Santa Fe Railway, seek a writ prohibiting the district court from proceeding in an action in eminent domain filed by The Colorado and Wyoming Railway Company, Inc., herein called C&W Company, to condemn an easement to cross over the tracks of petitioners.

The complaint states that the C&W Company has selected a “suitable place” for the crossing and sets forth the detailed legal description of the property sought to be condemned. Relief requested is immediate possession and use of such cross-over and that the…