People v. Rich
California Supreme Court
Appeal from an order dissolving an injunction in the Twentieth District Court, County of Santa Clara. The facts are stated in the opinion.
1Opinion of the Court
By the Court:
It is provided by § 499 of the Civil Code that “ two corporations may be permitted to use the same street, each paying an equal portion for the construction of the track; but in no case *75must two railroad corporations occupy and use the same street or track for a distance of more than five blocks.”
The prohibition against the usé of the same street by two or more railroad companies, for more than five blocks, is so plain and unmistakable, that there is no room for construction. The last section of that title provides, that the title is applicable to natural persons as well as to…
2Cases cited1 opinion
- Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale RailroadCalifornia Supreme Court · 1873
3Cited by2 opinions
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Omnibus Railroad v. BaldwinCalifornia Supreme Court · 1881