The same questions are presented in this case as in the case of Railroad Co. v. Nestor (decided at the present sitting). They arise also on substantially the same state of facts, save that the property injured is situated in Elmwood’s addition to the city of Denver, which 'was dedicated to the city after the state constitution went into effect. We are of opinion that the law and evidence warrants an affirmance of the judgment, and 'it is accordingly done.

Affirmed.