Market Street Railway Co. v. Central Railway Co.
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The plaintiff had a' street- railroad on which it was running cars for the carriage of passengers, extending along the centre of Market street, San Francisco.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The plaintiff had a' street- railroad on which it was running cars for the carriage of passengers, extending along the centre of Market street, San Francisco. The road was constructed under a permission granted in an act of the Legislature passed April 6, 1857 (Stats. 1857, p. 178), and acts amendatory thereof passed in 1858, 1861, and 1863. On the twenty-ninth of October, 1875, the Board of Supervisors of the city and county of San Francisco passed an ordinance granting to the defendant the right…
1Opinion of the Court
By the Court:
The maintenance of horse-railroads, and running of cars upon the public streets of the city of San Francisco, designed for the carriage of passengers, is a mere special mode of using the highway, nothing more. The right to maintain such a railroad does not exclude the public from the use of the street, nor does it prevent the crossing of its track by another railroad maintained for a similar purpose, provided the crossing is effected with as little damage as may be.
We see nothing in the circumstances here which required the interposition of a court of equity to enjoin the Central…
2Cited by16 opinions
- Memphis St. Ry. Co. v. Rapid Transit Co.Tennessee Supreme Court · 1915
- Lindsley v. Dallas Consol. St. Ry. Co.Court of Appeals of Texas · 1917
- Santa Rosa City R. Co. v. Central St. Ry. Co.California Supreme Court · 1895
- T. & P. R'y Co. v. Rosedale Street R'y Co.Texas Supreme Court · 1885
- South East & St. Louis Railway Co. v. Evansville & Mt. Vernon Electric Railway Co.Indiana Supreme Court · 1907
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