California Southern Railroad v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment* of the Superior Court of San Bernardino County from a final order of condemnation, and from an order refusing a new trial. Proceeding brought by one steam railroad company against another for the purpose of acquiring a right of way through lands of the defendant. The further facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
1. It is contended by appellants that the court below ought to have sustained the demurrer to plaintiff’s complaint, taken on the ground of a misjoinder of causes of action; that a proceeding to ascertain compensation for mossing one railroad by another cannot be united with a proceeding to acquire lands for depot buildings. It is urged that the defendant, the Southern Pacific, has only an easement, that such easement is not an estate in lands, and that section 1244 of the Code of Civil Procedure only permits all parcels of land required for the same public use to be included in the…
2Cases cited4 opinions
- California Pacific R.R. v. ArmstrongCalifornia Supreme Court · 1873
- Butte County v. BoydstonCalifornia Supreme Court · 1883
- California Pacific Railroad v. Central Pacific RailroadCalifornia Supreme Court · 1874
- Moyle v. PorterCalifornia Supreme Court · 1877
3Cited by27 opinions
- Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1891
- City of Los Angeles v. ColeCalifornia Supreme Court · 1946
- Monterey County v. CushingCalifornia Supreme Court · 1890
- Atchison, Topeka & Santa Fe Railway Co. v. Southern Pacific Co.California Court of Appeal · 1936
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