People ex rel. Robinson v. Pittsburgh R.R.
California Supreme Court
Appeal from the District Court of the Third Judicial District, San Francisco. The action was brought to annul the defendant’s franchise, and to dissolve the corporation. The complaint alleges that in September, 1861, H. F. Allen, C. W. Lander, Levi Stevens, Judah Baker, Jr., J. M. Johnson, and C. C. Baker formed a corporation called the “Pittsburg Coal Mining Company,” for the purpose, as declared in its articles, of mining for coal in Contra Costa County.
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Appeal from the District Court of the Third Judicial District, San Francisco. The action was brought to annul the defendant’s franchise, and to dissolve the corporation. The complaint alleges that in September, 1861, H. F. Allen, C. W. Lander, Levi Stevens, Judah Baker, Jr., J. M. Johnson, and C. C. Baker formed a corporation called the “Pittsburg Coal Mining Company,” for the purpose, as declared in its articles, of mining for coal in Contra Costa County. That for the conduct of their business it became desirable to have a railroad running from the mines to the San Joaquin River, through the…
1Opinion of the Court
By the Court:
The demurrer to the complaint was improperly sustained. In its proceedings for the condemnation of Los Medanos Rancho for railway purposes, the defendant (assuming to exercise the eminent domain) purported to act as agent of the State in the appropriation of private property for public use. It now appears by the complaint, however, that this assumption was a mere false pretense; that the use for which these lands were taken was, in fact, a mere private use, and one to which the eminent domain is of course inapplicable. The proceedings in condemnation amounted to an imposition…
2Cited by8 opinions
- People ex rel. Attorney-General v. Dashaway Ass'nCalifornia Supreme Court · 1890
- State ex rel. Harlan v. Centralia-Chehalis Electric Railway & Power Co.Washington Supreme Court · 1906
- Neitzel v. Spokane International Railway Co.Washington Supreme Court · 1911
- Concerned Citizens, United, Inc. v. Kansas Power & Light Co.Supreme Court of Kansas · 1974
- Limits Industrial Railroad v. American Spiral Pipe WorksIllinois Supreme Court · 1926
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