Fresno Street Railroad v. Southern Pacific Railroad
California Supreme Court
APPEAL from a judgment of the Superior Court of Fresno County and from an order denying a new trial. E. W. Risley, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Dyke, J.
This is an action of ejectment, brought to recover a portion of the right of way claimed by the plaintiff, lying upon Tulare Avenue, a highway in Fresno County. Verdict and judgment went for the plaintiff in the court below, and this appeal is from the judgment and from an order denying defendants’ motion for a new trial. The appellants make two points on the appeal: 1. That the action of ejectment is not maintainable for the sort of injury here involved; *203and 2. That the action of ejectment could not be maintained in this case because of the consent or acquiescence of respondent in the…
2Cases cited16 opinions
- St. Julien v. Morgan Louisiana & Texas RailroadSupreme Court of Louisiana · 1883
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
- Child v. . ChappellNew York Court of Appeals · 1853
- City & County of San Francisco v. GroteCalifornia Supreme Court · 1898
- Wood v. Truckee Turnpike Co.California Supreme Court · 1864
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3Cited by5 opinions
- Barton v. Riverside Water Co.California Supreme Court · 1909
- F. A. Hihn Co. v. City of Santa CruzCalifornia Supreme Court · 1915
- Conaway v. Yolo Water & Power Co.California Supreme Court · 1928
- San Joaquin & Kings River Canal & Irrigation Co. v. WorswickCalifornia Supreme Court · 1922
- Fowler Gas Co. v. First National Bank of FowlerCalifornia Supreme Court · 1919