Gilbert v. Greeley, S. L. & P. R'y Co.
Supreme Court of Colorado
Appeal from District Court of Boulcler County. This action was brought by Richard Gilbert, plaintiff, against the Greeley, Salt Lake & Pacific Railway Company, defendant, to recover damages occasioned to the .premises of plaintiff by the construction and operation of defendant’s railroad.
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Appeal from District Court of Boulcler County. This action was brought by Richard Gilbert, plaintiff, against the Greeley, Salt Lake & Pacific Railway Company, defendant, to recover damages occasioned to the .premises of plaintiff by the construction and operation of defendant’s railroad. The cause was tried in the disr trict court'with out a jury, by stipulation, upon an agreed statement of facts, as follows: “It is agreed that defendant is a railroad corporation, and incorporated for the purpose of building and operating a railroad which should run from Greeley, Colorado, to the town of…
1Opinion of the CourtJustice Elliott
The matters requii’ing consideration in this case appear somewhat complicated at first, though they are really quite simple. In general terms they may be stated thus: A railroad company lawfully constructs and operates its road, without negligence, in the immediate vicinity of private real property, but without touching the same. It builds and operates the road across a public street upon which such real property is situate, though not in front of the same, and thereby causes obstruction to the street by passing trains, and thus renders such property less valuable. Under such circumstances…
2Cases cited6 opinions
- City of Denver v. BayerSupreme Court of Colorado · 1883
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Denver Circle R. v. NestorSupreme Court of Colorado · 1887
- Shaubut v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
- Whitsett v. Union Depot & R.Supreme Court of Colorado · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Troiano v. Colorado Department of HighwaysSupreme Court of Colorado · 1969
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- La Plata Elec. Ass'n, Inc. v. CumminsSupreme Court of Colorado · 1986
- Sprague v. SteadSupreme Court of Colorado · 1914
16 more not listed; retrieve them via the Exa API.