S. Pac. R.R. v. Wilson
California Supreme Court
Appeal from the County Court, County of Santa Clara. The plaintiff, on the 6th day of December, 1871, filed its petition to condemn land for railroad purposes. There were a large number of defendants. William C. Wilson answered, setting up that he owned one undivided one-twelfth of the land described in the petition, and that the tract contained eight thousand eight hundred and eighty acres, and that his interest in it was seven hundred and fifty acres.
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Appeal from the County Court, County of Santa Clara. The plaintiff, on the 6th day of December, 1871, filed its petition to condemn land for railroad purposes. There were a large number of defendants. William C. Wilson answered, setting up that he owned one undivided one-twelfth of the land described in the petition, and that the tract contained eight thousand eight hundred and eighty acres, and that his interest in it was seven hundred and fifty acres. The Commissioners found that Wilson owned said undivided one-twelfth, and awarded him $675 damages. The plaintiff moved in the County Court…
1Opinion of the Court
By the Court, Rhodes, J.:
The Commissioners reported that the defendant owned an undivided interest in a portion of the lands over which the plaintiff sought to acquire the right of way, and that they assessed the value of his interest at a special sum. The plaintiff moved that the report of the Commissioners as to the defendant and his interest in the lands be set aside and a new trial be granted. The motion was denied, and from that order the appeal is taken.
The thirty-first section of the Act of May 20, 1861, to provide for the incorporation of railroad companies (Stats. 1861, p. 607),…
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