Taylor v. North Pacific Coast Railroad
California Supreme Court
Appeal from a judgment in favor of the plaintiff, in the Twenty-second District Court, County of Marin. Temple, J. The facts are stated in. the opinion. After the decision in Department, the appellant filed its petition that the appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
Ross. J.:
The plaintiff, being the owner of a tract of land in Marin County, granted to the defendant the right of way thereover for its railroad, the latter covenanting,.among other things, to build for the plaintiff a certain wagon-road in lieu of one destroyed by the railroad; and also to fence both sides of the way granted, with a good and substantial picket fence; and thereafter to maintain such fence.
Defendant failed to construct the road or build the fence, hence this action to recover for the breach of the covenant. In the Court below, the plaintiff was permitted to prove and recover…
2Cases cited4 opinions
- Beach v. . CrainNew York Court of Appeals · 1848
- Chamberlain v. . ParkerNew York Court of Appeals · 1871
- Logansport, Crawfordsville & Southwestern Railway Co. v. WrayIndiana Supreme Court · 1875
- St. Louis, Jacksonville & Chicago Railroad v. LurtonIllinois Supreme Court · 1874
3Cited by18 opinions
- Coughlin v. BlairCalifornia Supreme Court · 1953
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- Ardizonne v. ArcherSupreme Court of Oklahoma · 1919
- Bacigalupi v. Phoenix Building & Construction Co.California Court of Appeal · 1910
- Covington Oil Co. v. JonesCourt of Appeals of Texas · 1922
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