Parrott v. Floyd
California Supreme Court
Appeal from an order dissolving an injunction, in the Nineteenth District Court, City and County of San Francisco. Wheeler, J. The action was to enjoin the construction of a street railroad " on California Street, in front of the plaintiff’s property, by the North Beach and Mission Eailroad Company. The complaint alleged in effect that the ordinance granting the franchise for the railroad was void, and that special damage would thereby accrue to the plaintiff’s property.
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Appeal from an order dissolving an injunction, in the Nineteenth District Court, City and County of San Francisco. Wheeler, J. The action was to enjoin the construction of a street railroad " on California Street, in front of the plaintiff’s property, by the North Beach and Mission Eailroad Company. The complaint alleged in effect that the ordinance granting the franchise for the railroad was void, and that special damage would thereby accrue to the plaintiff’s property. The other facts are stated in the opinion.
1Opinion of the Court
Department No. 1, Ross, J.:
Upon the filing of the complaint in this -action, a preliminary injunction was issued. The defendants answered, denying all of the equities of the complaint, and afterward moved to dissolve the injunction, basing the motion upon the complaint, answer, and affidavits. At the hearing, the plaintiff filed counter affidavits. The affidavits filed by plaintiff supported some of the averments of the complaint, and those filed by defendants supported some of the denials of the answer. The Court below, after full hearing and consideration, made an order dissolving the…
2Cases cited1 opinion
- Rogers v. TennantCalifornia Supreme Court · 1872
3Cited by9 opinions
- Porters Bar Dredging Co. v. BeaudryCalifornia Court of Appeal · 1911
- Schwartz v. ArataCalifornia Court of Appeal · 1920
- Hiller v. CollinsCalifornia Supreme Court · 1883
- Marks v. Weinstock, Lubin & Co.California Supreme Court · 1898
- Blum v. SunolCalifornia Supreme Court · 1883
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