Legal Opinion

Denver & Santa Fe Railway Co. v. Hannegan

Supreme Court of Colorado

Decided January 15, 1908No. 5380; No. 3030 C. APublishedCited by 17 opinions

Appeal from the District Court of Arapahoe County. Hon. F. T. Johnson, Judge. Action by Mamie Hannegan and Frank Hannegan, minors, by their guardian, Hugh Hannegan, against The Denver & Santa Fe Railway Company and The Atchison, Topeka & Sánta Fe Railroad Company. From a judgment for plaintiffs, defendants appeal.

1Opinion of the CourtJustice Helm

No proofs were offered tending to show that the fee tó Clark street was in plaintiffs. The stipulation touching ownership of the lots mentioned did not reach or include title to the street. On the contrary, under the dedication the fee thereto was vested in the city in trust for the use of the public. A discussion of this subject is rendered unnecessary by the decision in Denver, S. F. R. Co. v. Domke, 11 Colo. 254, wherein the status in this regard of Clark street was considered and affirmatively declared.

It follows from the foregoing fact, coupled with the authority vested by the…

2Cases cited5 opinions

  1. City of Denver v. BayerSupreme Court of Colorado · 1883
  2. Denver Circle R. v. NestorSupreme Court of Colorado · 1887
  3. Denver & S. F. R. v. DomkeSupreme Court of Colorado · 1888
  4. Union Pacific Railway Co. v. FoleySupreme Court of Colorado · 1893
  5. Frankle v. JacksonU.S. Circuit Court for the District of Colorado · 1887

3Cited by17 opinions

  1. Hoery v. United StatesSupreme Court of Colorado · 2003
  2. Troiano v. Colorado Department of HighwaysSupreme Court of Colorado · 1969
  3. La Plata Elec. Ass'n, Inc. v. CumminsSupreme Court of Colorado · 1986
  4. Lavelle v. Town of JulesburgSupreme Court of Colorado · 1910
  5. Seven Lakes Reservoir Co. v. MajorsSupreme Court of Colorado · 1921

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