Hopkins v. Western Pacific Railroad
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, Ban Joaquin County. Action for damages alleged to have been caused by the construction of a railroad. The plaintiff was the owner of the west half of a block of land in the environs, or a little outside of the corporate limits of the city of Stockton, bounded north by Lafayette street, west by Sacramento street, and south by Sonora street.
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Appeal from the District Court of the Fifth Judicial District, Ban Joaquin County. Action for damages alleged to have been caused by the construction of a railroad. The plaintiff was the owner of the west half of a block of land in the environs, or a little outside of the corporate limits of the city of Stockton, bounded north by Lafayette street, west by Sacramento street, and south by Sonora street. On the premises was a two-story brick house, fronting on Sacramento street, which he occupied as a family residence. The defendant constructed a railroad along Sacramento street, in front of the…
1Opinion of the Court
By the Court, McKinstry, J.:
We do not decide that the plaintiff is or is not the owner of the fee to the centre of the street in front of his premises. The complaint alleges that he is such owner, and is drawn with a double purpose: to recover damages for the trespass upon that portion of his lot lying within the limits of the street, and, as to the other portion, to recover special dam-t ages, caused by an obstruction of the highway. In the last j aspect of the case, proof of the fact that the land would sell j for less on account of the continuance of the nuisance, was • not admissible.…
2Cases cited1 opinion
- Vedder v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by19 opinions
- Rosenthal v. Taylor, Bastrop & Houston Railway Co.Texas Supreme Court · 1891
- Spaulding v. CameronCalifornia Supreme Court · 1952
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Williams v. Southern Pacific R.R. Co.California Supreme Court · 1907
- Sheffet v. County of Los AngelesCalifornia Court of Appeal · 1970
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