Southern Pacific Co. v. Burr

— The following opinion was prepared by Belcher, C. C., when this case was pending in Department One: —

“ This is an action to recover possession of about five acres of land situate in Placer County. The case was tried before the court, without a jury, and judgment was given for defendant. The plaintiff moved for a new trial, and, the motion being denied, appealed from the judgment and order. The land in controversy is situated within and forms a part of the right of way granted to the Central Pacific Railroad Company of California by act of Congress passed July 1, 1862, entitled ‘ An act to…