Legal Opinion

California Pacific Railroad v. Central Pacific Railroad

California Supreme Court

Decided July 1, 1874No. 2,220PublishedCited by 7 opinions

Appeal from the District Court, Sixth Judicial District, County of Sacramento. The petitioner was incorporated under the laws of California, on the 10th day of June, 1865, for the purpose of constructing and operating a railroad through the counties of Solano, Yolo, Sacramento, Sutter and Yuba, from the town of Vallejo, Solano county, to Sacramento city, Sacramento county, and to the city of Marysville, Yuba county.

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Appeal from the District Court, Sixth Judicial District, County of Sacramento. The petitioner was incorporated under the laws of California, on the 10th day of June, 1865, for the purpose of constructing and operating a railroad through the counties of Solano, Yolo, Sacramento, Sutter and Yuba, from the town of Vallejo, Solano county, to Sacramento city, Sacramento county, and to the city of Marysville, Yuba county. The route of the road from Vallejo extended northerly on the west side of the bay of Suisun, and the Sacramento river. The city of Sacramento is on the east side of the Sacramento…

1Opinion of the Court

By the Court, McKinstry, J.:

The plaintiff, filed its petition in the District Court, asking for the condemnation of certain lands of the defendants; to which- one of the latter, the Central Pacific Eailroad Company, answered by cross-complaint. The cross-complaint concludes with a prayer, which is, in effect, that petitioner- be restrained from continuing the proceedings already commenced, and that the petition for condemnation be denied-; also, that “ the petitioner be enjoined from building, constructing, or maintaining a bridge in front of the defendant’s wharf.” This appeal is from an…

2Cited by7 opinions

  1. Harrington v. Superior CourtCalifornia Supreme Court · 1924
  2. California Southern Railroad v. Southern Pacific RailroadCalifornia Supreme Court · 1885
  3. Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
  4. Simpson v. Board of SupervisorsSupreme Court of Iowa · 1917
  5. Forman v. HealeyNorth Dakota Supreme Court · 1903

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