Legal Opinion

City of Santa Cruz v. Santa Cruz Railroad

California Supreme Court

Decided July 1, 1880No. 6,238PublishedCited by 10 opinions

Appeal from a judgment for the defendant in the Twentieth District Court, County of Santa Cruz. Belden, J. The facts are stated in the opinion. After the decision in Department, the respondent filed his petition that the appeal be reheard in Bank, and the application was denied.

1Opinion of the Court

McKinstry, J.:

The complaint alleges, that defendant is a corporation, etc., carrying on the “ business of railroading and operating railroad passenger cars in said State,” and that plaintiff is a municipal corporation, created by and acting under an act-entitled “ An Act to reincorpórate,” etc., approved March 11th, 1876. “ That ón, etc., the mayor and common council of said City of Santa Cruz, this plaintiff, did, in pursuance of the power vested in them by law, pass an ordinance of said city entitled ‘ Ordinance No. 4.’ That chapter first of said ordinance is therein designated ‘ Delating…

2Cases cited4 opinions

  1. City of San José v. San José & Santa Clara R.R.California Supreme Court · 1879
  2. City of Sacramento v. California Stage Co.California Supreme Court · 1859
  3. State v. PoultererCalifornia Supreme Court · 1860
  4. Moseley ex rel. County of Monroe v. TiftSupreme Court of Florida · 1852

3Cited by10 opinions

  1. Merced County v. Helm & NolanCalifornia Supreme Court · 1894
  2. City of Santa Barbara v. EldredCalifornia Supreme Court · 1892
  3. Arroyo Ditch & Water Co. v. Superior CourtCalifornia Supreme Court · 1891
  4. Baker v. Southern California Railway Co.California Supreme Court · 1896
  5. City of Los Angeles v. Southern Pacific RailroadCalifornia Supreme Court · 1882

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