Fresno Etc. Co. v. Southern Pac. Etc. Co.

This is an action of ejectment, brought to recover a portion of the right of way claimed by the plaintiff, lying upon Tulare Avenue, a highway in Fresno County. Verdict and judgment went for the plaintiff in the court below, and this appeal is from the judgment and from an order denying defendants' motion for a new trial. The appellants make two points on the appeal: 1. That the action of ejectment is not maintainable for the sort of injury here involved; and 2. That the action of ejectment could not be maintained in this case because of the consent or acquiescence of respondent in the…