Walther v. Sierra Railway Co.
California Supreme Court
APPEAL from a judgment of the Superior Court of Stanislaus County. William 0. Minor, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
HENSHAW, J.—
This action was prosecuted against defendants under section 485 of the Civil Code, to recover damages for the killing of a mule. The plaintiff was the lessee of the owner of the land. He was awarded a judgment, from which defendants appeal. The single proposition which they here advance is, that the section above cited gives a right of action only to the “owner” of the land along or through which the railroad passes, to the exclusion of tenants and lessees.
In support of their contention appellants quote Baker v. Southern California Ry. Co., 110 Cal. 455, where it is said: “It will…
2Cases cited7 opinions
- Sika v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Baker v. Southern California Railway Co.California Supreme Court · 1895
- Baker v. Southern California Railway Co.California Supreme Court · 1899
- McCoy v. Southern Pacific Co.California Supreme Court · 1892
- Great Western Railroad of 1859 v. HelmIllinois Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ponsonby v. Sacramento Suburban Fruit Lands Co.California Supreme Court · 1930
- Lane Mortgage Co. v. CrenshawCalifornia Court of Appeal · 1928
- Barbee v. Southern Pacific Co.California Court of Appeal · 1908
- Johnson v. Southern Pacific Co.California Court of Appeal · 1909
- Wills v. Southern Pacific Co.California Court of Appeal · 1916