Legal Opinion

People Ex Rel. Boole v. Northwestern Pacific Railroad

California Court of Appeal

Decided April 2, 1937No. Civ. 10231PublishedCited by 3 opinions

1Opinion of the CourtSpence, J.

This action was brought on relation of Fred W. Boole, a resident and taxpayer of the city of Belvedere. It is described by plaintiff as a quo warranto proceeding under the provisions of section 803 of the Code of Civil Procedure to cancel a franchise for “non-user and abandonment”. A demurrer to the amended complaint was sustained without leave to amend and from the judgment entered in favor of defendants, plaintiff appeals.

The particular franchise referred to in the amended complaint was granted in 1924 by the board of supervisors of the city and county of San Francisco. It was embraced in…

2Cases cited4 opinions

  1. People ex rel. Warfield v. Sutter Street Railway Co.California Supreme Court · 1897
  2. Lake Shore Electric Ry. Co. v. State Ex Rel. MartinOhio Supreme Court · 1932
  3. State Ex Rel. Wear v. Cincinnati & Lake Erie Rd.Ohio Supreme Court · 1934
  4. Village of Lowellville v. East End Traction Co.Ohio Court of Appeals · 1928

3Cited by3 opinions

  1. Citizens Utilities Co. v. Superior CourtCalifornia Court of Appeal · 1976
  2. City of Oakland v. Key SystemCalifornia Court of Appeal · 1944
  3. City of Oakland v. El Dorado Terminal Co.California Court of Appeal · 1940

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