Baker v. Southern California Railway Co.

—This action was brought in the justice’s Court to recover the sum of one hundred and thirty dollars, the value of a cow and steer alleged to have been killed by a train on defendant’s road. An answer was filed in which it was alleged, among other things, that the determination of the action necessarily involved the question of title to, or possession of, real property, and the cause was accordingly certified to the superior court under the provisions of section 838 of the Code of Civil Procedure. On the appeal from the first trial, a motion was made to dismiss the appeal, on the ground that…