Smith v. Southern Pacific R.R. Co.

This is an action to recover damages alleged to have been caused to certain land and premises of plaintiff by the construction and maintenance by defendant of a steam railroad along the public road or street upon which plaintiff’s land abuts. The jury returned a verdict for plaintiff in the sum of $350, and a judgment was rendered accordingly. Defendant appeals from the judgment, and brings up the evidence and rulings of the court in a bill of exceptions.

The main facts are these: Wallace Avenue is a public highway in Santa Barbara County. It runs through the town of Summerland, and that part…