Mendocino County v. Peters
California Court of Appeal
APPEAL from a judgment of the Superior Court of Mendocino County, and from an order denying a new trial. J. Q. White, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcLAUGHLIN, J.
This is an action to condemn a strip of land for the alteration of a public road by widening the same. The action was dismissed as to H. N. Peters, and judgment condemning the land for the purpose mentioned was" entered. Defendant William Peters appeals from such judgment and from the order denying his motion for a new trial.
The demurrer to the complaint was properly overruled. We cannot concur in the view that widening a public highway is not a public use. (Code Civ. Proc., sec. 1238, subds. 3, 4; Pol. Code, sec. 2681; County Government Act, sec. 25, subd. 4 (Gen. Laws 1903, p. 121).) The…
2Cases cited32 opinions
- County of San Mateo v. CoburnCalifornia Supreme Court · 1900
- Warren v. HopkinsCalifornia Supreme Court · 1895
- Satterlee v. BlissCalifornia Supreme Court · 1869
- Mulcahy v. BuckleyCalifornia Supreme Court · 1893
- In re SpencerCalifornia Supreme Court · 1892
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3Cited by23 opinions
- East Bay Municipal Utility District v. KiefferCalifornia Court of Appeal · 1929
- In Re Estate of KilbornCalifornia Supreme Court · 1912
- Hewel v. HoginCalifornia Court of Appeal · 1906
- People v. OlsenCalifornia Court of Appeal · 1930
- Brooks v. NelsonCalifornia Court of Appeal · 1928
18 more not listed; retrieve them via the Exa API.