Doran v. Central Pacific Railroad

By the Court, Rhodes, J.

This is an action to recover damages for a trespass upon a tract of land claimed by the plaintiff) and for an injunction to restrain the defendant from injuring the said land, and a quartz lode, mining claim, and growing trees thereon. The defendant justifies under the right of way granted to said railroad company by the Act of Congress, passed July 1; 1862. (12 United States Statutes at Large, p. 489.)

It appears from the statement of facts, as agreed to by the parties, that the plaintiffs are in possession of the tract of land described in the complaint, and have…