Colorado Cent. R. Co. v. Humphrey
Supreme Court of Colorado
Appeal from District Court of Qilpim Couninj. This was a proceeding in condemnation on the part of appellant to acquire a right of way ten feet in width across a piece of ground occupied as a mill-site, and on which there was a mill for the reduction and treatment of ores on North Clear creek, at Black Hawk.
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Appeal from District Court of Qilpim Couninj. This was a proceeding in condemnation on the part of appellant to acquire a right of way ten feet in width across a piece of ground occupied as a mill-site, and on which there was a mill for the reduction and treatment of ores on North Clear creek, at Black Hawk. The proceedings were instituted in the county court, and by agreement the venue was changed to the district court, where a trial was had to a jury, resulting in a verdict for $1,500, the value of the land taken having been found to be $500, and the damage to residue of property not taken…
1Opinion of the Court
Reed, C.
A large number of errors are assigned. It appears that the case was tried at a regular term; the jury was a jury of twelve persons called from the general panel in attendance. It was objected that the jury was not a proper one in this proceeding, and a challenge and objection was filed, which was overruled by the court, and exception taken. The ruling of the court is assigned for error.
Condemnation proceedings under the acts relative to eminent domain are special proceedings, purely statutory, unknown to the common law. Such proceedings, to be valid, must be substantially conformable…
2Cases cited10 opinions
- District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- Almy v. HarrisNew York Supreme Court · 1809
- Thurston v. PrentissMichigan Supreme Court · 1849
- Smith v. Lockwood & WoodNew York Supreme Court · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Board of County Commissioners v. MorelandSupreme Court of Colorado · 1988
- Silverstein v. Sisters of Charity of LeavenworthColorado Court of Appeals · 1976
- Ossman v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1974
- Rawson v. Sears Roebuck & Co.District Court, D. Colorado · 1982
- Colorado Fuel & Iron Co. v. Four Mile Railway Co.Supreme Court of Colorado · 1901
6 more not listed; retrieve them via the Exa API.