San Pedro, Los Angeles & Salt Lake Railroad v. City of Long Beach
California Supreme Court
The facts are stated in the opinion of the court. Fennel Cherrington, Wilfred M. Peek, and A. S. Halsted, for Appellant. Stephen G. Long, and George L. Hoodenpyl, for Respondents.
1Opinion of the CourtShaw, J.
The plaintiff appeals from the judgment and from an order denying its motion for a new trial.
The object of the action was to enjoin the city of Long Beach and its officers from taking up and removing certain railroad sidings and turnouts laid in the streets of the city and used by the plaintiff. The court below, upon the evidence, concluded that the plaintiff had no right to continue the use of said tracks or to maintain the same in the streets, and thereupon gave judgment for the defendants.
At the time these sidings and turnouts were constructed, and for many years prior thereto, the…
2Cases cited7 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Schmidt v. WidberCalifornia Supreme Court · 1894
- Hyatt v. WilliamsCalifornia Supreme Court · 1906
- Stockton Gas & Elec. Co. v. San Joaquin CountyCalifornia Supreme Court · 1905
- Gardella v. County of AmadorCalifornia Supreme Court · 1913
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3Cited by4 opinions
- People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
- County of Los Angeles v. City CouncilCalifornia Court of Appeal · 1962
- Sincerney v. City of Los AngelesCalifornia Court of Appeal · 1921
- City of Colton v. City of RialtoCalifornia Court of Appeal · 1964