Low v. Cal. Pac. R.R.
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The California Pacific Eailroad Company was a corporation organized under the laws of this State, in 1869, to construct and operate a railroad between Vallejo, Sacramento, and Marysville, which road was completed.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The California Pacific Eailroad Company was a corporation organized under the laws of this State, in 1869, to construct and operate a railroad between Vallejo, Sacramento, and Marysville, which road was completed. The Central Pacific Eailroad Company is likewise a corporation organized under the laws of this State, in the year 1864, to construct and operate a railroad between Sacramento and the eastern boundary of this State. This railroad was likewise completed. The plaintiffs, as trustees, were…
1Opinion of the Court
The power to make and take a lease of a railroad is expressly given by the statute under which the respondents were incorporated. The language of the statute is as follows: “ Any railroad corporation organized under the act to which this is amendatory, shall have the right to lease the whole or any portion of their road to any other corporation organized under this act, or to grant to any such corporation the right to use in common any portion of their road.” (1 Hittell, art. 838.)
In exercising the power to lease, respondents are vested with all the powers and privileges which private…
2Cases cited7 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Girard v. PhiladelphiaSupreme Court of the United States · 1869
- Stewart v. Erie & Western Transportation Co.Supreme Court of Minnesota · 1871
- Commonwealth ex rel. United States v. LewisSupreme Court of Pennsylvania · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ellerman v. Chicago Junction Railways & Union Stockyards Co.New Jersey Court of Chancery · 1891
- Tod v. Kentucky Union Land Co.U.S. Circuit Court for the District of Kentucky · 1893
- Marbury v. Kentucky Union Land Co.Court of Appeals for the Sixth Circuit · 1894
- Smith v. Ferries & C. H. Railway Co.California Supreme Court · 1897
- Bethune v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1924
9 more not listed; retrieve them via the Exa API.