North Pacific Railroad v. Reynolds
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Marin. The plaintiff was a corporation, organized in 1871, under the act of 1861, entitled “An act to provide for the incorporation of railroad companies,” etc. It was formed for the purpose of constructing a railroad from Sancelito in Marin County to the Walhalla Eiver, at or near the Pacific Ocean, in Sonoma County.
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Appeal from the District Court, Seventh Judicial District, County of Marin. The plaintiff was a corporation, organized in 1871, under the act of 1861, entitled “An act to provide for the incorporation of railroad companies,” etc. It was formed for the purpose of constructing a railroad from Sancelito in Marin County to the Walhalla Eiver, at or near the Pacific Ocean, in Sonoma County. This proceeding was commenced against Sidney Y. Smith, and a large number of other persons, to condemn land for a track, and for depot purposes in Marin County. Said Smith owned a tract of one hundred and nine…
1Opinion of the Court
By the Court, Crockett, J.:
1. There was a substantial conflict in the evidence as to the value of the land taken and as to the damage and benefits to the remainder of the tract. In such cases we uniformly refuse to disturb the verdict or decision, on the ground that it was not justified by the evidence.
2. There were no formal, separate findings of fact; but in the judgment the court determined the value of the land proposed to be taken, and the benefits and damage to the remainder of the tract, stating the several sums in dollars and cents generally, without specifying that the said…
2Cited by6 opinions
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- First Nat'l Bank of Bridgeport v. Perris Irrigation Dist.California Supreme Court · 1895
- Drainage Dist. No. 4 v. CrowOregon Supreme Court · 1891
- People v. Ocean Shore Railroad, Inc.California Court of Appeal · 1937
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