Contra Costa Coal Mines Railroad v. Moss

This is a proceeding under the general Railroad Law of this State to condemn land for railroad ¡Durposes. The defendants appeared and filed a demurrer to the petition of the railroad company, setting up various grounds. The Court sustained the demurrer and allowed the plaintifis to amend their petition; and the granting leave to amend is now assigned as error. The principal grounds of the demurrer were, that the petition did not state that the land sought to he acquired was necessary for the purposes of the company; and that it did not show that the company could not contract for the purchase…