San José & Almaden Railroad v. Mayne
California Supreme Court
Appeal from an order of the Superior Court of Santa Clara County denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
— This action was instituted for the purpose of condemning a right of way for a railroad through *567the lands of John Mayne, the defendant and appellant.
The cause was tried with the intervention of a jury, to whom were referred special issues of fact for determination.
Upon the verdict of the jury on the special issues, adopted by the court, judgment was entered, and a final order of condemnation made by the trial court.
The amount of money awarded by the jury as compensation for the land taken, and also that awarded for damages to the land not taken, was paid into court by the plaintiff,…
2Cases cited4 opinions
- Tehama County v. BryanCalifornia Supreme Court · 1885
- Texas & St. Louis Railway Co. v. EddySupreme Court of Arkansas · 1884
- Butte County v. BoydstonCalifornia Supreme Court · 1883
- Pacific Coast Railway Co. v. PorterCalifornia Supreme Court · 1887
3Cited by30 opinions
- City of Los Angeles v. OliverCalifornia Court of Appeal · 1929
- Bowers v. Fulton CountySupreme Court of Georgia · 1971
- Desert Waters, Inc. v. Superior CourtArizona Supreme Court · 1962
- County of Los Angeles v. OrtizCalifornia Supreme Court · 1971
- Crooks v. WhiteCalifornia Court of Appeal · 1930
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