City of Denver v. Dunsmore

Beck, O. J.

The principal question raised by the assignment of errors and discussed in the briefs of counsel for both parties, is, whether an implied liability rests upon municipal corporations proper, under the laws of this state, to keep in repair the streets and bridges within their corporate limits; and whether actions lie against them at the suits of individuals for special damages suffered in consequence of their neglect so to do.

It is conceded, that the legislature has not expressly-given such right of action, either by the general statute or by the special charter under which the city…