Shutt Investment Co. v. City of Pueblo
Colorado Court of Appeals
Error to the District Court of Pueblo County. In October, 1894, the Shutt Investment Company brought suit against the city of Pueblo to recover damages done to property fronting on Mechanic street. Mechanic street ran northeast and southwest and was intersected by C street which ran northwest and southeast, though in the statement the general direction of these streets will be treated as north and south and east and west.
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Error to the District Court of Pueblo County. In October, 1894, the Shutt Investment Company brought suit against the city of Pueblo to recover damages done to property fronting on Mechanic street. Mechanic street ran northeast and southwest and was intersected by C street which ran northwest and southeast, though in the statement the general direction of these streets will be treated as north and south and east and west. Where Mechanic and C streets intersected, the city built a viaduct which ended at the south side of Mechanic street and therefrom an approach was built along C street across…
1Opinion of the CourtBissell, J.
The verdict and judgment in favor of the city might perhaps be upheld if the parties to this litigation had undertaken to proceed under the statute to obtain a reference to determine the disputed questions of fact, or if they had attempted to enter into a common-law or statutory arbitration to reach the same result. So far as we are able to gather from the record what the parties did neither resulted in a reference nor in an arbitration. The proceeding was one wholly foreign to the statute and unlike most cases where the parties have attempted to settle their disputes through the labors of…
2Cases cited4 opinions
- City of Pueblo v. StraitSupreme Court of Colorado · 1894
- Wilson v. WilsonSupreme Court of Colorado · 1893
- Flatter v. McDermittIndiana Supreme Court · 1865
- Farrington v. HamblinNew York Supreme Court · 1834
3Cited by1 opinion
- Murphy v. PattersonMontana Supreme Court · 1901