Legal Opinion

Santa Rosa City R. Co. v. Central St. Ry. Co.

California Supreme Court

Decided January 6, 1895No. 15,202PublishedCited by 17 opinions

APPEAL from Superior Court, Sonoma County; S. K. Dougherty, Judge. Action by the Santa Rosa City Railroad Company against the Central Street Railway Company for an injunction and damages. From a judgment for defendant, and an order denying a new trial, plaintiff appeals.

1Opinion of the CourtVan Fleet, J.

This is an action for an injunction to restrain defendant from tearing up the track of plaintiff’s railroad, and from interfering with the running of plaintiff’s ears, and for damages for acts of interference already committed. A preliminary injunction was granted; but, on the hearing, the injunction was dissolved, and judgment rendered for defendant. Plaintiff appeals from the judgment and an order denying its motion for a new trial.

On the trial the following facts were proved without any substantial conflict: On October 3, 1876, Mark L. McDonald and Jackson R. Meyers petitioned the common…

2Cases cited26 opinions

  1. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  2. City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
  3. Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
  4. People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892
  5. Atchison Board of Education v. De KaySupreme Court of the United States · 1893

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3Cited by17 opinions

  1. Village of Depue v. BanschbachIllinois Supreme Court · 1916
  2. City of King City v. Community Bank of CentralCalifornia Court of Appeal · 2005
  3. Commercial Electric Light & Power Co. v. City of TacomaWashington Supreme Court · 1897
  4. Santa Rosa City Railroad v. Central Street Railway Co.California Supreme Court · 1896
  5. California Reduction Co. v. Sanitary Reduction WorksCourt of Appeals for the Ninth Circuit · 1903

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