Gravelly Ford Canal Co. v. Pope & Talbot Land Co.

This is an appeal from the final judgment of the superior court of Madera County, in .favor of defendant and against plaintiff, and granting a permanent injunction. The parties to the action are the same as in No. 1802, recently decided by this court (ante, p. 556, [178 Pac. , 150]), wherein plaintiff sought to condemn a right of way over defendant’s land under the act of 1911. (Stats. 1911, p. 1407.) In that case the lower court sustained plaintiff’s right to condemn. Upon review we were constrained to reverse the judgment. The purpose for which plaintiff was organized and the necessity for…