Legal Opinion

Boca & Loyalton Railroad v. Sierra Valleys Railroad

California Court of Appeal

Decided December 29, 1905No. Civ. No. 79Published

APPEAL from an order of the Superior Court granting a new trial. C. E. McLaughlin, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtChipman, P. J.

Action to condemn two crossings of two branch roads of plaintiff’s railroad over the track and roadbed and right of way of defendant railroad company. Plaintiff had final judgment of condemnation. Defendants moved to set aside the judgment and for a new trial, which motion was granted and the appeal is from the order, on bill of exceptions.

The question presented is: Whether by the original and amended articles of incorporation, or either of them, plaintiff was authorized to maintain condemnation proceedings to condemn either one or both of the crossings involved. Plaintiff’s original articles…

2Cases cited13 opinions

  1. Kauffman v. MaierCalifornia Supreme Court · 1892
  2. California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
  3. In Re JohnstonCalifornia Supreme Court · 1902
  4. People v. StephensCalifornia Supreme Court · 1882
  5. Ward Land & Stock Co. v. MapesCalifornia Supreme Court · 1905

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