Montgomery v. Santa Ana Westminster Railway Co.
California Supreme Court
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
- Barney v. KeokukSupreme Court of the United States · 1877
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Common Council v. CroasIndiana Supreme Court · 1855
- People v. TraversCalifornia Supreme Court · 1891
- McQuaid v. Portland & Vancouver Railway Co.Oregon Supreme Court · 1889
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3Cited by43 opinions
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- Faus v. City of Los AngelesCalifornia Supreme Court · 1967
- Paiva v. NicholsCalifornia Court of Appeal · 2008
- Schmidt v. Bank of America, N.A.California Court of Appeal · 2014
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