Fox v. Western Pac. R.R.
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. The facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
The complaint alleges that the defendant, by its servants and agents, forcibly and unlawfully entered upon the land of the plaintiff and graded through the same a bed for their railroad, and in so doing removed and destroyed certain fruit trees planted and growing upon the land; that the defendant threatens to complete the construction of its road by placing *542upon the bed so graded the requisite superstructure ; and that the defendant is insolvent, concluding with a prayer for damages and an injunction.
The defendant justifies the supposed trespass under the Act…
2Cases cited11 opinions
- McCauley v. WellerCalifornia Supreme Court · 1859
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- McCann v. Sierra CountyCalifornia Supreme Court · 1857
- Bloodgood v. Mohawk & Hudson Rail RoadNew York Supreme Court · 1835
- Smith v. HelmerNew York Supreme Court · 1849
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3Cited by17 opinions
- Frustuck v. City of FairfaxCalifornia Court of Appeal · 1963
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Jacobsen v. Superior CourtCalifornia Supreme Court · 1923
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Steinhart v. Superior CourtCalifornia Supreme Court · 1902
12 more not listed; retrieve them via the Exa API.