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Show CUT HOLD CITY I VIADUCT SUITS Court Rules Municipality Is Not Liable for Damages Suffered by Residents Llab ity for dan age ar s ng o t of t e construction of a ra road aduct does ot rest upon the c v n t e op n on of Judge F C Loofbourow of the d h co t who w ns uc t jurv o d effect 1 he case of Ma ga et Cook aga Bt fca t Lake C ty and t e Denve & R o Grande ra road T e ase w 1 be aubn I ted to t e jur oday Mrs Cook is bu ng for dan ages to er proper y caused by he cons uc on of the Fourt Sout e reet viaduc O her su s nvo vlnt, all about $ 5 000 are pend ng When t e tr al began counsel for e ra oad no ed fo dm sea as con erns the ra Iroad con end g that the fadu t had bee bu t bv e ra road at t e con mand of 3 c tv and t at 1 abi ty n ust res wi he tj The court de n ed he mo on Yesterdaj the c tv took sim ar act on ask ng t a t e j ry be ins ructed to ab so ve t e y f on a ab Judge Ixtofbourow announced t a he mo ion wou d be g anted and t o ns ruct ons g ven w en the case Is s bn tted today The c ty a argument Is that he construe t on of 1 e aduct was made necessary by the ra oad wh c wl h i s numerous tracks made traffic dangerous on the street and that a 1 ab ty should be t aced to he o g na cause Aaron Mye a ass stant c y at orney w o rep esen ed t e c tj expec s e ra oad to appea from the d st c cou rul ng to the supreme court. He sa d T e points n o ed ha e ever been raised in h s state efore and 1 ave se dom been cons dered by t e gher courts of any s ate I rec 1 no case where the same Issues have been presented to a supreme court n as defln te a way as they w be p e sented In h s one I be e e the pos on of the cl Is co rect and that the we ght of autho 1 y w 1 be found on ou e de |