Omnibus Railroad v. Baldwin
California Supreme Court
Appeal from an order refusing to grant an injunction, in the Superior Court of the City and County of San Francisco. Sullivan, J. The action was brought to obtain an injunction restraining the defendants from interfering with the railroad track of the plaintiff upon Montgomery avenue, in the city and county of San Francisco. Before the trial, the plaintiff applied for a preliminary injunction, and an order was made denying its motion in that behalf.
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Appeal from an order refusing to grant an injunction, in the Superior Court of the City and County of San Francisco. Sullivan, J. The action was brought to obtain an injunction restraining the defendants from interfering with the railroad track of the plaintiff upon Montgomery avenue, in the city and county of San Francisco. Before the trial, the plaintiff applied for a preliminary injunction, and an order was made denying its motion in that behalf. The plaintiff appealed from the order. After the decision, the appellant filed its petition that the appeal be reheard in bank, and the…
1Opinion of the Court
Sharpstein, J.:
If we do not mistake the theory of the plaintiff’s counsel, it is that the plaintiff obtained the right to lay its tracks upon Montgomery avenue before the defendants obtained a similar right, and that, qui prior est tempore, potior estjure.
If the rule which is invoked on behalf of the plaintiff can be made applicable to this case, it certainly devolves upon the plaintiff to bring its case within the rule; i. e., to show that it acquired its right before the defendants did theirs. And if the seventeenth section of the Act of April 1st, 1872, be constitutional, there can be no…
2Cases cited5 opinions
- City of San Francisco v. Spring Valley Water WorksCalifornia Supreme Court · 1874
- Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale RailroadCalifornia Supreme Court · 1873
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1864
- Pacific Railroad v. LeavenworthU.S. Circuit Court for the District of Kansas · 1871
- People v. RichCalifornia Supreme Court · 1879
3Cited by14 opinions
- People ex rel. Daniels v. HenshawCalifornia Supreme Court · 1888
- Miller v. KisterCalifornia Supreme Court · 1885
- People v. Central Pacific RailroadCalifornia Supreme Court · 1890
- Hall v. Bell CountyCourt of Appeals of Texas · 1911
- Santa Rosa City R. Co. v. Central St. Ry. Co.California Supreme Court · 1895
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