Moran v. Ross
California Supreme Court
Appeal from a judgment of the Superior Court of Lassen County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
Action to condemn lands for the right of way of a railroad, brought by the respondents as partners. Judgment for the plaintiffs, motion for a new trial denied. Defendant appeals.
The main contention of the appellant is, that the right to condemn real estate for railroad purposes can only be exercised by corporations, and that proceedings for that purpose cannot be maintained by private individuals.
The right of eminent domain is inherent in the state, and not conferred by the constitution. (Wood’s Railway Law, sec. 223; Cooley on Constitutional Limitations, 647; Mills on Eminent Domain, sec.…
2Cases cited3 opinions
- Van Wezel v. Van WezelNew York Court of Chancery · 1831
- In re KerrNew York Supreme Court · 1864
- Southern Pac. R.R. v. RaymondCalifornia Supreme Court · 1878
3Cited by15 opinions
- Bauer v. County of VenturaCalifornia Supreme Court · 1955
- San Joaquin & Kings River Canal & Irrigation Co. v. StevinsonCalifornia Supreme Court · 1912
- Hollister v. StateIdaho Supreme Court · 1903
- Southern Pacific Co. v. HyattCalifornia Supreme Court · 1901
- Linggi v. GarovottiCalifornia Supreme Court · 1955
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