Denver & Rio Grande Railroad v. Moss
Supreme Court of Colorado
Appeal from Ouray District Court — Hon. Theron Stevens, Judge.
1Opinion of the CourtJustice Bailey
The action is for the killing of live stock. It is based solely upon an absolute liability imposed by the act of March 14, 1902, commonly denominated “The Bailroad Fencing Statute,” passed at a special session of the legislature. Plaintiff had judgment below, and the defendant, the railroad company, brings the case here on appeal to review that action.
The only question which will he considered and determined is the constitutionality of the act, as that finally disposes of the cause of action. The defendant insists that the act is not within the proclamation of the governor, and therefore…
2Cases cited6 opinions
- State v. ShoresWest Virginia Supreme Court · 1888
- Parsons v. PeopleSupreme Court of Colorado · 1904
- In re Governor's ProclamationSupreme Court of Colorado · 1894
- People ex rel. McGaffey v. District CourtSupreme Court of Colorado · 1896
- Baldwin v. StateCourt of Appeals of Texas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
- People v. McKennaSupreme Court of Colorado · 1980
- State Ex Rel. Fatzer v. AndersonSupreme Court of Kansas · 1956
- Denver & Rio Grande Railroad v. ShawSupreme Court of Colorado · 1913
- Empire Savings, Building & Loan Ass'n v. Otero Savings & Loan Ass'nSupreme Court of Colorado · 1982
5 more not listed; retrieve them via the Exa API.