Southern Pac. Co. v. City of Willow Glen

WILBUR, Circuit Judge.

This is an appeal from the decree enjoining the appellant from proceeding with the construction óf a double-track railway “or operating thereon any railroad” upon its land within the city of Willow Glen, a municipal corporation of, Santa Clara, Cal., unless and until said appellant obtains, from the city council of the city of Willow Glen by two-thirds vote thereof the grant of the right to so use said land. The action is predicated upon section 470 of the Civil Code of the state of California, which provides as follows : “No railroad corporation must use any street,…