Burlington & C. R. v. Schweikart
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. This is an appeal from a decree made December 9,1882, by the district court of the second judicial district, sitting within and for the county of Arapahoe, in a proceeding instituted by appellant to condemn the lands of appellee for railroad purposes. The appellant is a body corporate ereated for the purpose of constructing and operating a railroad from Denver to the boundary line between the states of Colorado and Nebraska.
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Appeal from District Court, Arapahoe County. This is an appeal from a decree made December 9,1882, by the district court of the second judicial district, sitting within and for the county of Arapahoe, in a proceeding instituted by appellant to condemn the lands of appellee for railroad purposes. The appellant is a body corporate ereated for the purpose of constructing and operating a railroad from Denver to the boundary line between the states of Colorado and Nebraska. The appellee is the owner of a tract of land containing about thirteen acres lying northerly of appellant’s main line, and…
1Opinion of the CourtElbert, J.
Whether the existence of a public highway, affording ingress and egress to and from the premises of the defendant, would have been a fact to be considered by the commissioners in estimating the defendant’s damages resulting from the destruction of his private way by the appellant company, is an inquiry we need not enter upon. We are of the opinion that no such public way existed. It is not claimed that the *183agreement between Clougb and the appellant company resulted in the establishment of a public way under the statute concerning highways in force at the date of the agreement. Gen. Laws, §…
2Cases cited4 opinions
- Chesapeake & Ohio Railroad v. PattonWest Virginia Supreme Court · 1873
- Railroad Co. v. HalsteadWest Virginia Supreme Court · 1874
- Hill and Aldrich v. . the Mohawk and Hudson Rail Road Co.New York Court of Appeals · 1852
- Chicago, Milwaukee & St. Paul Railway Co. v. MelvilleIllinois Supreme Court · 1872
3Cited by6 opinions
- Great Western Railway Co. v. AckroydSupreme Court of Colorado · 1908
- Reynolds v. State Board of Public RoadsSupreme Court of Rhode Island · 1937
- Oregon Short Line Railroad v. FoxUtah Supreme Court · 1904
- Von Richthofen v. Bijou Irrigation DistrictSupreme Court of Colorado · 1911
- FD Interests v. Fairways at Buffalo RunColorado Court of Appeals · 2019
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