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COLORADO AND SOUTHERN RY. CO. v. DISTRICT COURT

No. 25392.

493 P.2d 657 (1972)

The COLORADO AND SOUTHERN RAILWAY COMPANY, Inc. and the Atchison, Topeka and Santa Fe Railway Company, a/k/a Santa Fe Railway Company, a corporation, Petitioners, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT of the State of Colorado, et al., Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 28, 1972.

Attorney(s) appearing for the Case

Grant, Shafroth, Toll & McHendrie, Willard L. Peck, Denver, Phelps, Fonda, Hays, Farley, Abram & Shaw, Predovich & Ward, Pueblo, for petitioners.

Welborn, Cook, Phipps & Brown, Robert F. Welborn, David W. Furgason, Miles C. Cortez, Jr., Denver, Kettelkamp & Vento, Pueblo, for respondents.

DAY, Justice.

This is an original proceeding by which petitioners, Colorado & Southern Railway and Santa Fe Railway, seek a writ prohibiting the district court from proceeding in an action in eminent domain filed by The Colorado and Wyoming Railway Company, Inc., herein called C&W Company, to condemn an easement to cross over the tracks of petitioners.

The complaint states that the C&W Company has selected a "suitable place" for the crossing and...

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