Legal Opinion

Montgomery v. Santa Ana Westminster Railway Co.

California Supreme Court

Decided September 13, 1894No. 19277PublishedCited by 43 opinions

Appeal from a judgment of the Superior Court of Orange County, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

This is an action of ejectment to recover possession of a strip of land in the city of Santa Ana, county of Orange.

Plaintiff had judgment, from which, and from an order denying a motion for a new trial, defendant appeals.

Defendant by its answer set up two separate defenses. In the second of these it set out:

1. That it is a corporation with power to construct and operate a steam railroad for the transportation of freight and passengers from the city of Santa Ana to Westminster, across, along, and upon any street, avenue, or highway.

2. That a strip of land thirty feet in width off the…

2Cases cited15 opinions

  1. Barney v. KeokukSupreme Court of the United States · 1877
  2. Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
  3. Common Council v. CroasIndiana Supreme Court · 1855
  4. People v. TraversCalifornia Supreme Court · 1891
  5. McQuaid v. Portland & Vancouver Railway Co.Oregon Supreme Court · 1889

10 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Colegrove Water Co. v. City of HollywoodCalifornia Supreme Court · 1907
  2. Estate of Morey v. WellsCalifornia Supreme Court · 1905
  3. Faus v. City of Los AngelesCalifornia Supreme Court · 1967
  4. Paiva v. NicholsCalifornia Court of Appeal · 2008
  5. Schmidt v. Bank of America, N.A.California Court of Appeal · 2014

38 more not listed; retrieve them via the Exa API.

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