San Francisco & San Joaquin Valley Railway Co. v. Leviston

SMITH, C.

Appeals from judgment and final order of condemnation in suit to condemn defendant’s land.

The complaint was demurred to generally, and on the special grounds (among others) that it- is ambiguous, unintelligible, and uncertain in its allegations as to the location, general route, and termini of the plaintiff’s road, and, also, that it does not appear from its allegations that the use for which the property is required is a public use.

With regard to the latter point, the allegation of the complaint is, in effect, that the plaintiff was incorporated for the purpose of constructing and…