Southern Pacific Co. v. Hyatt
California Supreme Court
APPEAL from a judgment of the Superior Court of Placer County. J. E. Prewitt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Dyke,j.
—The questions involved in this appeal are,—1. Whether a railroad right of way is such a public use as to prevent the running of the statute óf limitations, or the acquisition of an adverse title thereto by prescription; 2. In case of intrusion upon such right of way, is ejectment the proper remedy?
Respondent Hyatt entered upon, and occupied for more than five years prior to the commencement of the action, a portion of the right of way, in Placer County, granted to the Central Pacific Railroad Company by the act of Congress of July 1, 1862. (12 TJ.S. Stats, at Large, p. 489.) The court finds…
2Cases cited13 opinions
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Olcott v. SupervisorsSupreme Court of the United States · 1873
- Archer v. Salinas CityCalifornia Supreme Court · 1892
- Hoadley v. City & County of San FranciscoCalifornia Supreme Court · 1875
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
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- City of Port Townsend v. LewisWashington Supreme Court · 1904
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