City of Denver v. Denver & Santa Fe Railway Co.
Supreme Court of Colorado
Appeal from Superior Court of the City of Denver. Action to restrain the city of Denver from removing railroad from street. Appellees were plaintiffs below; the case was submitted upon the evidence introduced in their behalf ; the defendant city offered no evidence.
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Appeal from Superior Court of the City of Denver. Action to restrain the city of Denver from removing railroad from street. Appellees were plaintiffs below; the case was submitted upon the evidence introduced in their behalf ; the defendant city offered no evidence. The facts necessary to an understanding of the opinion are in substance as follows: Prior to the month of January, 1882, the Denver Circle Railroad Company constructed and operated its railroad leading out of the city of Denver in a southerly direction, through a certain town-site then called Fairmont, and beyond. At the time of…
1Opinion of the CourtJustice Elliott
delivered the opinion of the court.'
It was about the first of January, 1882,'when the Denver Circle Railroad was first constructed and operated through what was then called Bridger street in the town-site of Fairmont. Said town-site was not then within the limits of any city or other municipal corporation; it was a small parcel of land, only forty acres, situate in Arapahoe county, Colorado ; it had no inhabitants or buildings; it was a town only on paper. The strip of land called Bridger street at that time, though formally dedicated to the public by the owners as a public highway, had…
2Cases cited6 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- City of Denver v. MullenSupreme Court of Colorado · 1884
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Field v. Village of ManchesterMichigan Supreme Court · 1875
- Town of Salida v. McKinnaSupreme Court of Colorado · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- John Mouat Lumber Co. v. City of DenverSupreme Court of Colorado · 1895
- Board of County Commissioners v. WarnekeSupreme Court of Colorado · 1929
- Hand v. RhodesSupreme Court of Colorado · 1952
- Litvak v. SunderlandSupreme Court of Colorado · 1960
- Trine v. City of PuebloSupreme Court of Colorado · 1895
6 more not listed; retrieve them via the Exa API.