Legal Opinion

Lieber v. People

Supreme Court of Colorado

Decided April 15, 1905No. 5661; No. 2929 C. APublishedCited by 15 opinions

Appeal from the District Court of Lincoln County: Hon. William P. Seeds, Judge.

1Opinion of the CourtJustice Maxwell

In this proceeding a decree was sought adjudg*495ing a fence, built by appellant upon Ms land, and which, it is alleged crossed and obstructed an established public highway, in so far as it crossed the alleged highway, a public nuisance, and enjoining him from maintaining that, or any other, obstruction across the alleged highway. The existence of the alleged highway was denied.

Judgment was for the plaintiff, and defendant appeals.

There was no material conflict in the testimony. The evidence established the following facts:

The alleged obstacle was a fence upon section 23, township 11 S., R. 55…

2Cases cited5 opinions

  1. O'Connell v. Chicago Terminal Transfer RailroadIllinois Supreme Court · 1900
  2. Starr v. PeopleSupreme Court of Colorado · 1892
  3. City of Topeka v. CoweeSupreme Court of Kansas · 1892
  4. Board of County Commissioners v. IngramSupreme Court of Colorado · 1903
  5. Friel v. PeopleColorado Court of Appeals · 1894

3Cited by15 opinions

  1. McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
  2. Sprague v. SteadSupreme Court of Colorado · 1914
  3. Dereus v. PeckSupreme Court of Colorado · 1945
  4. Korf v. IttenSupreme Court of Colorado · 1917
  5. Isenberg v. WoitchekSupreme Court of Colorado · 1960

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