Starr v. People
Supreme Court of Colorado
Error to District Court of Lake County. Injunction against obstructing public highway. This was an action brought by the public authorities of Lake county, Colorado, against Thomas Starr and others, defendants below, charging them with obstructing and threatening to dig up, wash out, and destroy a certain county road, alleging that said acts of defendants are a purpresture and a nuisance to the public highway.
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Error to District Court of Lake County. Injunction against obstructing public highway. This was an action brought by the public authorities of Lake county, Colorado, against Thomas Starr and others, defendants below, charging them with obstructing and threatening to dig up, wash out, and destroy a certain county road, alleging that said acts of defendants are a purpresture and a nuisance to the public highway. The defendant Starr claimed the loom in quo as his private property; denied that the same was a public highway; and alleged that the other defendants were his lessees. A perpetual…
1Opinion of the CourtJustice Elliott
The question presented for determination by this record may be stated thus: Was the road which the defendants were charged with obstructing, a public highway when this action was instituted?
In March, 1879, the defendant Starr received from the United States a patent for the land through which the alleged public highway runs. It was a mineral placer patent for 164 acres, more or less. Prior to that time, for a period of twelve or thirteen years, Starr had been in possession of the premises as a placer mining claim. Whether the road in question was or was not a public highway depends upon…
2Cases cited7 opinions
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- People v. JonesMichigan Supreme Court · 1858
- City of Denver v. ClementsSupreme Court of Colorado · 1877
- Lownsdale v. City of PortlandDistrict Court, D. Oregon · 1861
- Ward v. FarwellSupreme Court of Colorado · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
- Sprague v. SteadSupreme Court of Colorado · 1914
- Stubbs v. McGillisSupreme Court of Colorado · 1908
- Dereus v. PeckSupreme Court of Colorado · 1945
- Jacob Sanchez v. J. T. Taylor, Jr.Court of Appeals for the Tenth Circuit · 1967
19 more not listed; retrieve them via the Exa API.