California Pacific Railroad v. Central Pacific Railroad
California Supreme Court
Certiorari from the Supreme Court to the District Court of the Sixth Judicial District, County of Sacramento. The plaintiff was a corporation, organized in January, 1865, to construct a railroad from Vallejo to Sacramento and Marysville. The railroad passed up the west side of the Sacramento river to a point opposite the city of Sacramento (which is on the east bank of the river) and then crossed the river and entered the city.
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Certiorari from the Supreme Court to the District Court of the Sixth Judicial District, County of Sacramento. The plaintiff was a corporation, organized in January, 1865, to construct a railroad from Vallejo to Sacramento and Marysville. The railroad passed up the west side of the Sacramento river to a point opposite the city of Sacramento (which is on the east bank of the river) and then crossed the river and entered the city. The defendant was also a railroad corporation operating a railroad from the territory of Utah, west to Sacramento, and thence to San Francisco, passing through the…
1Opinion of the Court
By the Court, McKinstry, J.:
On the presentation of a petition by the corporation plaintiff for the condemnation of certain lands of the defendant, the District Court ordered that (upon the filing of the bond mentioned in the thirty-fourth section of the railroad Act of 1861, as amended April 27th, 1863), the petitioner “have the right and privilege” to tear down a wharf of the defendant, the Central Pacific Company, to lay a track through its premises, removing any buildings or structures in the way, and to extend its track across the tracks of- said defendant; and also to take possession of…
2Cases cited3 opinions
- Fremont v. CrippenCalifornia Supreme Court · 1858
- Chipman v. BowmanCalifornia Supreme Court · 1859
- Logan v. HillegassCalifornia Supreme Court · 1860
3Cited by7 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- State ex rel. Cutter v. KammanIndiana Supreme Court · 1898
- De Hansen v. District Court of the Second Judicial District of the TerritoryArizona Supreme Court · 1908
- Schrader v. Third Judicial District CourtNevada Supreme Court · 1937
2 more not listed; retrieve them via the Exa API.