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ALLARD CATTLE CO. v. COLORADO & SOUTHERN RAILWAY CO.

No. C-454.

530 P.2d 503 (1974)

ALLARD CATTLE COMPANY, a co-partnership, et al., Petitioners, v. The COLORADO AND SOUTHERN RAILWAY COMPANY, and The Colorado Central Railroad Company, and the Union Pacific Denver and Gulf Railway Company in Larimer County, Colorado, and all unknown persons who claim any interest in the subject matter of this action, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 9, 1974.

Attorney(s) appearing for the Case

Warberg & Mast, Sonja E. Warberg, D. Chet Mast, Fort Collins, for petitioners.

March, March & Sullivan, A. E. March, Jr., Fort Collins, W. L. Peck, J. C. Street, Denver, for respondents.

PRINGLE, Chief Justice.

Petitioners brought this action to quiet title in themselves as abutting landowners to a 50-foot strip of land lying on either side of a 100-foot right-of-way which is owned and maintained by respondent Railroad Company, hereafter referred to as "the railroad." The trial court determined that the railroad had abandoned the strip of land in question, and that title to the land, therefore, vested in the landowners. Holding that the railroad cannot...

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