San Benito County v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of San Benito County, and from an order refusing a new trial. The action was brought to recover a license tax imposed upon the defendant under an ordinance passed by the board of supervisors of San Benito County, providing that all persons, firms, or corporations engaged in the business of carrying persons or freight for hire on or by means of railroad cars shall pay quarterly a license therefor in the sum of one hundred dollars.
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Appeal from a judgment of the Superior Court of San Benito County, and from an order refusing a new trial. The action was brought to recover a license tax imposed upon the defendant under an ordinance passed by the board of supervisors of San Benito County, providing that all persons, firms, or corporations engaged in the business of carrying persons or freight for hire on or by means of railroad cars shall pay quarterly a license therefor in the sum of one hundred dollars. The defendant, the Southern Pacific Railroad Company, pleaded in defense its franchises under the laws of the United…
1Opinion of the CourtPaterson, J.
In view of the decisions of the supreme court of the United states in the cases of State *520v. Central Pacific R. R. Co., and State v. Southern Pacific R. R. Co., 127 U. S. 1, it would seem useless to follow in this case the decisions of this court in Central Pacific R. R. Co. v. State Board of Equalization, 60 Cal. 35, Los Angeles v. Southern Pacific R. R. Co., 61 Cal. 59, and Santa Clara County v. Southern Pacific R. R. Co., 66 Cal. 642, for it is quite clear, we think, that the supreme court of the United States would hold, in a proper case, the ordinance before us herein, requiring the…
2Cases cited10 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Brown v. MarylandSupreme Court of the United States · 1827
- Railroad Co. v. PenistonSupreme Court of the United States · 1873
- California v. Central Pacific RailroadSupreme Court of the United States · 1888
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3Cited by6 opinions
- San Francisco-Oakland Terminal Railways v. JohnsonCalifornia Supreme Court · 1930
- Ex parte MarshallSupreme Court of Florida · 1918
- San Joaquin & Kings River Canal & Irrigation Co. v. Merced CountyCalifornia Court of Appeal · 1906
- Ex parte MarshallSupreme Court of Florida · 1918
- People v. Central Pacific RailroadCalifornia Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.