Legal Opinion

Johnson v. Ocean Shore Railroad Co.

California Court of Appeal

Decided March 31, 1971No. Civ. 27717PublishedCited by 8 opinions

1Opinion of the Court

Opinion

DEVINE, P. J.

This lawsuit consists of cross-actions to quiet title to a strip of land. The principal question is whether a grant “for railroad purposes” conveyed a fee simple or only an easement. In 1906, Burlington Beach Land Company deeded a lot in what is now the City of Pacifica to Ocean Shore Railway Company. (Appellant, successor, bears the less British name of Ocean Shore Railroad Company.)

The deed, written in handsome script by a scrivener, contains in the part which includes the grant itself, paragraphs which we denominate A, B, and C, for convenience in later discussion, but…

2Cases cited36 opinions

  1. Gerhard v. StephensCalifornia Supreme Court · 1968
  2. Eastman v. PiperCalifornia Court of Appeal · 1924
  3. Quinn v. Pere Marquette Railway Co.Michigan Supreme Court · 1931
  4. Midkiff v. Castle & Cooke, Inc.Hawaii Supreme Court · 1962
  5. People v. ThompsonCalifornia Supreme Court · 1954

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3Cited by8 opinions

  1. City of Manhattan Beach v. Superior CourtCalifornia Supreme Court · 1996
  2. Roeder Co. v. Burlington Northern, Inc.Washington Supreme Court · 1986
  3. Penn Central Corporation v. U.S. Railroad Vest Corporation Beverly D. Crone, Auditor of St. Joseph CountyCourt of Appeals for the Seventh Circuit · 1992
  4. Warren v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1971
  5. MacHado v. Southern Pacific Transportation Co.California Court of Appeal · 1991

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