City of Denver v. Bonesteel
Supreme Court of Colorado
Transferred from the Court of Appeals: Action for damages for injury to plaintff’s city lots caused by a change of grade of adjacent Ogden street and Eleventh avenue, which change was made under authority of the city of Denver. Plaintiff is the owner of four city lots at the corner of Ogden street and Eleventh avenue in the city of Denver.
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Transferred from the Court of Appeals: Action for damages for injury to plaintff’s city lots caused by a change of grade of adjacent Ogden street and Eleventh avenue, which change was made under authority of the city of Denver. Plaintiff is the owner of four city lots at the corner of Ogden street and Eleventh avenue in the city of Denver. In 1887 the city passed an ordinance establishing the grade of the avenue and street in question, making the grade line about eight feet below the natural surface of the lots. The streets were reduced to that grade, and, with reference to the level of the…
1Opinion of the CourtChief Justice Campbell
None of the questions discussed are worthy of consideration except the liability of the city for a change of grade. The objections that witnesses were permitted to give their opinion as to the amount, and to the instructions of the court on the measure of damages are not serious; though the form of some of the questions may be technically improper. The court substantially submitted the case to the jury, and permitted evidence to be introduced, upon the theory *109that the measure of damages Was the diminution, if any, of the actual market value of the premises occasioned by the change of grade.…
2Cases cited13 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- City of Denver v. BayerSupreme Court of Colorado · 1883
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Denver Circle R. v. NestorSupreme Court of Colorado · 1887
- City of Pueblo v. StraitSupreme Court of Colorado · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dandrea v. Board of County CommissionersSupreme Court of Colorado · 1960
- Syfrett v. PullenColorado Court of Appeals · 2008
- Leiper v. City of DenverSupreme Court of Colorado · 1906
- City of Colorado Springs v. StarkSupreme Court of Colorado · 1914
- Harrison v. Denver City Tramway Co.Supreme Court of Colorado · 1913
4 more not listed; retrieve them via the Exa API.