Schierhold v. North Beach & Mission Railroad
California Supreme Court
Appeal from the Twelfth District Court, City and County of San Francisco. The case is stated in the opinion. First — The Court erred in ordering the allegation in plaintiff’s complaint, that defendant has no lawful right to use that portion of the street where the injury was done, to be stricken out. The track was laid on the extreme right, or east side of the street, whereas the statute requires that it should be in the middle.
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Appeal from the Twelfth District Court, City and County of San Francisco. The case is stated in the opinion. First — The Court erred in ordering the allegation in plaintiff’s complaint, that defendant has no lawful right to use that portion of the street where the injury was done, to be stricken out. The track was laid on the extreme right, or east side of the street, whereas the statute requires that it should be in the middle. (Page 193, Statute 1861, approved April 7th, 1861, entitled “An Act to grant to certain persons, the right of way for a railroad track, within the corporate limits of…
1Opinion of the Court
Temple, J.,
delivered tbe opinion of tbe Court; Ckookett, J; Bhodes, C. J. and Wallaoe, J. concurring.
Tbe plaintiff’s intestate was run over and killed, on Powell street, in San Francisco, by tbe car of defendant, and this • action is brought to recover damages.
It was claimed by tbe plaintiff that defendant’s railroad was on tbe extreme east side of tbe street, and more than thirteen feet from tbe middle, while tbe statute granting tbe right to lay its track, requires it to be laid in tbe middle of *452tbe street; tbat the defendant had caused to be piled there a lot of railroad ties and sleepers…
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