Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale Railroad
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. The plaintiff filed a bill praying for an injunction restraining the defendant from constructing a railroad on the east-side of the center of Broadway street. An application was made for a preliminary injunction, which was heard on complaint and answer, and was denied. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Belcher, J.:
This is an appeal from an order refusing to grant an injunction. An order to show cause was made, and upon the hearing the injunction was denied. The motion was submitted upon the complaint and answer, from which the following facts appear:
By an Act of the Legislature, approved on the 3d day of March, 1866 (Stats. 1865-6, p. 164), the plaintiff, a coiporar tion, was granted for the term of thirty years the right to construct and lay down a railway track within the corporate limits of the City of Oakland, and in Alameda County, and to run horse cars thereon,…
2Cases cited4 opinions
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1814
- Borland v. LewisCalifornia Supreme Court · 1872
- Mauro v. RitchieU.S. Circuit Court for the District of District of Columbia · 1827
- Bennett v. American Art UnionThe Superior Court of New York City · 1852
3Cited by34 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- Kaiser Land and Fruit Co. v. CurryCalifornia Supreme Court · 1909
- Application of B.E.R.R. Co.New York Court of Appeals · 1891
- Community Natural Gas Co. v. Northern Texas Utilities Co.Court of Appeals of Texas · 1928
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