Western Union Telegraph Co. v. Eyser
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. The action was on the case, and the plaintiff alleged that on the 18th of April, 1870, the defendant, being a body corporate, was engaged in constructing a telegraph line along F street and across Blake street, which were public thoroughfares in the city of Denver; that at and near the corner of said F and Blake streets, the said defendant, its agents, servants and superintendents, unlawfully, wrongfully, and without proper and…
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Appeal from District Court, Arapahoe County. The action was on the case, and the plaintiff alleged that on the 18th of April, 1870, the defendant, being a body corporate, was engaged in constructing a telegraph line along F street and across Blake street, which were public thoroughfares in the city of Denver; that at and near the corner of said F and Blake streets, the said defendant, its agents, servants and superintendents, unlawfully, wrongfully, and without proper and due care and diligence, placed, stretched and strung a wire across said Blake street at the height of eighteen inches…
1Opinion of the CourtBeleord, J.
This was an action on the case instituted by the appellee against the appellant to recover damages for injuries sustained by the appellee by reason of the negligence of the appellant in the construction, erection and establishment of a line of telegraph through and over a portion of the city of Denver and across Blake street. The defendant filed four pleas : 1st. The general issue. 2d. Nul tiel corporation. 3d and éth pleas set up that the injury was occasioned by the contributory negligence of the plaintiff. A demurrer was sustained to the second, third and fourth pleas, and the case was…
2Cases cited29 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Pennock v. DialogueSupreme Court of the United States · 1829
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
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- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
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3Cited by14 opinions
- Phillips v. Denver City Tramway Co.Supreme Court of Colorado · 1912
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- Colorado Springs & Interurban Railway Co. v. AllenSupreme Court of Colorado · 1913
- Meek v. SmithSupreme Court of Colorado · 1915
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