Davis v. San Lorenzo Railroad
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to enjoin the defendant from committing waste on a tract of land belonging to the plaintiffs, in the county of Santa Cruz.
Read the full summary
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to enjoin the defendant from committing waste on a tract of land belonging to the plaintiffs, in the county of Santa Cruz. The plaintiffs alleged in the complaint that their said tract of land had trees growing thereon valuable for timber, and that the defendant, by a large number of its agents and servants, had forcibly entered thereon, and was cutting down and converting to its own use and destroying trees valuable for timber, and was cutting, tearing up and excavating the soil, and…
1Opinion of the Court
By the Court, Crockett, J:
The principal question in this appeal is; whether section 34 of the Railroad Act of April 27 th, 1863, (Statutes 1861, p. 607; 1863, p. 610) is in violation of that clause in the constitution which provides that private property shall not be taken for public use without just compensation. The same question was before this Court in the case of Fox v. Western Pacific Railroad Company, 31 Cal. 538, and the decision was that the provision in question was not unconstitional. We are now asked to review that decision, and have less hesitation in doing so, inasmuch as the…
2Cases cited1 opinion
- Fox v. Western Pac. R.R.California Supreme Court · 1867
3Cited by16 opinions
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Jacobsen v. Superior CourtCalifornia Supreme Court · 1923
- Steinhart v. Superior CourtCalifornia Supreme Court · 1902
- People Ex Rel. Department of Public Works v. Peninsula Title Guaranty Co.California Supreme Court · 1956
11 more not listed; retrieve them via the Exa API.