Ford v. Santa Cruz Railroad
California Supreme Court
Appeal from a judgment for the plaintiff in the Twentieth District Court, County of Santa Cruz. Belden, J. The Court found, among other things, as follows: By authority of the Legislature of California, and by the consent and .permission of the Board of Supervisors of Santa Cruz County, and of the town authorities of the town of Watsonville, said defendant in the month of April, 1876, laid the track of its road through said Walker street to the “Pajaro River.”
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Appeal from a judgment for the plaintiff in the Twentieth District Court, County of Santa Cruz. Belden, J. The Court found, among other things, as follows: By authority of the Legislature of California, and by the consent and .permission of the Board of Supervisors of Santa Cruz County, and of the town authorities of the town of Watsonville, said defendant in the month of April, 1876, laid the track of its road through said Walker street to the “Pajaro River.” When said road was first laid it was not graded, but was laid upon the natural level and grade of said street. In the month of…
1Opinion of the Court
The Court:
The facts alleged and found show special damage to Rudolph and his lot not common to the public at large. The defendant was liable only for damages actually sustained prior to the commencement of the suit (Hopkins v. W. P. R. R. Co., 50 Cal. 190), and none other was allowed. Neither the statute nor any ordinance of the city authorized the use by defendant of the street in such manner as interfered with the use by the public, or prevented ingress and egress to or from the property lining the street.
Judgment affirmed.
2Cases cited1 opinion
- Hopkins v. Western Pacific RailroadCalifornia Supreme Court · 1875
3Cited by6 opinions
- Williams v. Southern Pacific R.R. Co.California Supreme Court · 1907
- Hargro v. HodgdonCalifornia Supreme Court · 1891
- Hutcherson v. AlexanderCalifornia Court of Appeal · 1968
- Coats v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1905
- Jacksonville, Tampa & Key West Railway Co. v. LockwoodSupreme Court of Florida · 1894
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