Legal Opinion

Consolidated Channel Co. v. Central Pacific Railroad

California Supreme Court

Decided July 1, 1876No. 4960PublishedCited by 21 opinions

Appeal from the District Court, Fourteenth Judicial District, County of Nevada. The plaintiff was a corporation, and was the owner of and engaged in working a gold mine on Squirrel Creek, in the county of Nevada, of the value of sixty thousand dollars, and had expended large sums of money in opening and developing its mine.

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Appeal from the District Court, Fourteenth Judicial District, County of Nevada. The plaintiff was a corporation, and was the owner of and engaged in working a gold mine on Squirrel Creek, in the county of Nevada, of the value of sixty thousand dollars, and had expended large sums of money in opening and developing its mine. The grade of Squirrel Creek below the mine was light, and the only practicable method of working the mine was to excavate a ditch, and build a flume through the mine, and for a considerable distance below, so as to carry off the tailings, and then have a place of deposit…

1Opinion of the Court

By the Court, Niles, J.:

The plaintiff, by this proceeding, sought to procure, by condemnation, certain lands belonging to the several defendants, to serve as a site for a bed-rock flume to carry the dirt and gravel from its mining claims; and also as a place of deposit for the tailings and refuse matter from its claims.

The demurrer raises the question of the constitutionality of subdivision five of section one thousand two hundred and thirty-eight of the Code of Civil Procedure, authorizing proceedings of this character.

This statute provides that the right of eminent domain may be exercised…

2Cases cited3 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
  3. Stockton v. Common Council of StocktonCalifornia Supreme Court · 1871

3Cited by21 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
  3. County of San Mateo v. CoburnCalifornia Supreme Court · 1900
  4. Lux v. HagginCalifornia Supreme Court · 1886
  5. Varner v. MartinWest Virginia Supreme Court · 1883

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