Burt v. Rocky Mountain Fuel Co.
Supreme Court of Colorado
Action for damages for subsidence of lot caused by coal mining. Plaintiff nonsuited. Error to the District Court of Boulder County, Hon. George H. Bradfield, Judge.
1Opinion of the CourtJustice Denison
Mary Burt brought suit against The Rocky Mountain Fuel Company for damages for the subsidence of her lot, (lot 7, block 7, Excelsior Place,) in Lafayette, Boulder County, which she claimed was caused by the underground mining of defendant. She was non-suited. The company makes three principal points to justify the non-suit: 1. That the contract under which she acquired her lot contains a reservation of the right to mine on the property and a waiver of damage to be caused thereby; 2. That the dedication of the plat of Excelsior Place reserves the right to mine without liability for damage on…
2Cited by9 opinions
- Barker v. MintzSupreme Court of Colorado · 1923
- Friends of the Black Forest Regional Park, Inc. v. Board of County CommissionersColorado Court of Appeals · 2003
- Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925
- Colorado Fuel & Iron Corp. v. SalardinoSupreme Court of Colorado · 1952
- Peters v. Bellingham Coal MinesWashington Supreme Court · 1933
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