City Store v. San Jose-Los Gatos Interurban Ry.
California Supreme Court
The facts are stated in the opinion of the court.
1Opinion of the CourtLorigan, J.
This action was brought to permanently restrain the defendant from constructing, operating, and maintaining a street railroad over Market Street, a public street in the city of San Jose.
A general demurrer to the complaint having been sustained and plaintiff declining to amend, judgment was entered for defendant, and from this judgment plaintiff appeals.
The only point presented on the appeal is as to the correctness of the ruling of the lower court upon the demurrer.
The plaintiff alleged the corporate existence of plaintiff and the defendant railway company; that plaintiff is the owner in fee…
2Cases cited11 opinions
- Amestoy v. Elec. Rapid Transit Co.California Supreme Court · 1892
- Hargro v. HodgdonCalifornia Supreme Court · 1891
- McCloskey v. KrelingCalifornia Supreme Court · 1888
- Gardner v. StroeverCalifornia Supreme Court · 1891
- Siskiyou Lumber & Mercantile Co. v. RostelCalifornia Supreme Court · 1898
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3Cited by6 opinions
- Frost v. City of Los AngelesCalifornia Supreme Court · 1919
- Biber v. O'BrienCalifornia Court of Appeal · 1934
- Martin v. DanzigerCalifornia Court of Appeal · 1913
- City of Sacramento v. Pacific Gas & Electric Co.California Supreme Court · 1916
- Gould & Kane, Inc. v. ValterzaCalifornia Court of Appeal · 1940
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