People v. Southern Pacific Railroad

THE COURT.

Upon rehearing, granted to enable us to consider more fully the question of jurisdiction involved in this ease, we have listened to oral arguments and have examined carefully the authorities cited in additional briefs that have been filed. But our conclusions are unchanged, and, accordingly, we adopt our original opinion, as written by Mr. Justice Pro Tempore Desmond, as part of this opinion, adding certain comments at the conclusion thereof. The original opinion is as follows:

“This is an appeal by the State of California, acting through its Department of Public Works, from a…