Cal. Southern R. R. v. Kimball
California Supreme Court
Appeal by defendants H. Mayburyand B. F. Nudd, from a judgment for the plaintiff in the Superior Court of San Diego County. McNealy, J.
1Opinion of the Court
The Court:
Conceding that none of the public streets of San Diego can be used by a railroad company, unless the right to use the same is granted by the city, in the manner prescribed by law, it does not seem to us to follow, that an action to condemn whatever right the owners of lands lying adjacent to said streets may have therein can not be maintained until after said city has granted a right of way over said streets.
If, as the appellants contend, the streets can not be used by the plaintiff until after it has acquired the right to use them from the city, as well as from the owners of…
2Cited by22 opinions
- City of Los Angeles v. OliverCalifornia Court of Appeal · 1929
- City of Pasadena v. PorterCalifornia Supreme Court · 1927
- Tehama County v. BryanCalifornia Supreme Court · 1885
- Minnesota Canal & Power Co. v. PrattSupreme Court of Minnesota · 1907
- Union Pacific Railroad v. Colorado Postal Telegraph-Cable Co.Supreme Court of Colorado · 1902
17 more not listed; retrieve them via the Exa API.