Southern Pacific Railroad v. Southern California Railway Co.

Searls, C.

This action is brought to obtain a decree condemning a strip of land twenty-six feet wide in and through Park avenue, Lugonia park, city of Redlands, county of San Bernardino, state of California, for the use of plaintiff as a right of way for a railroad from Redlands Junction to Grafton, all in said county of San Bernardino.

Plaintiff had judgment, from which judgment and from an order denying their motion for a new trial the defendants appeal.

The findings of fact by the court below may be epitomized as follows: Plaintiff is a railroad corporation engaged in building, constructing…