Legal Opinion

City of Pueblo v. Strait

Supreme Court of Colorado

Decided April 15, 1894PublishedCited by 34 opinions

Appeal from the District Court of Pueblo County. It is alleged in the complaint: “ That on the 14th day of March, 1890, plaintiff was and still is the owner of lots 1 and 2 in block 79 in the former city of South Pueblo, now part of the city of Pueblo, said lots being situate at the corner of ‘ C ’ and Mechanic streets, and having a frontage of 140 feet on the former and 50 feet on the latter street; that said lots were improved with valuable buildings, and prior to the…

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Appeal from the District Court of Pueblo County. It is alleged in the complaint: “ That on the 14th day of March, 1890, plaintiff was and still is the owner of lots 1 and 2 in block 79 in the former city of South Pueblo, now part of the city of Pueblo, said lots being situate at the corner of ‘ C ’ and Mechanic streets, and having a frontage of 140 feet on the former and 50 feet on the latter street; that said lots were improved with valuable buildings, and prior to the grievance complained of, said property was valuable and desirable for business purposes, and readily rented for such…

1Opinion of the Court

Chiee Justice Hayt

delivered the opinion'of the court.

The question presented by this record may be stated as follows: Is a municipal corporation liable in damages for an injury to abutting property occasioned by the building of a viaduct in a public street over railroad tracks? The evidence in this case shows that plaintiff’s property is located on the corner of C and Mechanic streets in the city of Pueblo ; that it was improved and valuable for business purposes prior to the erection of the viaduct; that this viaduct was elevated eight feet above the old sidewalk at one end of plaintiff’s…

2Cases cited14 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  3. Chicago v. TaylorSupreme Court of the United States · 1888
  4. City of Denver v. BayerSupreme Court of Colorado · 1883
  5. Brown v. City of SeattleWashington Supreme Court · 1892

9 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Public Service Co. of Colorado v. Van WykSupreme Court of Colorado · 2001
  2. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  3. City of Northglenn v. GrynbergSupreme Court of Colorado · 1993
  4. Troiano v. Colorado Department of HighwaysSupreme Court of Colorado · 1969
  5. Board of County Commissioners v. AdlerSupreme Court of Colorado · 1920

29 more not listed; retrieve them via the Exa API.

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