Legal Opinion

Mann v. City of Bakersfield

California Court of Appeal

Decided May 23, 1961No. Civ. 6545PublishedCited by 3 opinions

1Opinion of the CourtCoughlin, J.

The primary issue on this appeal concerns the nature of the right of a railway company to use a city street for spur track purposes, and the interest of an adjoining property owner served thereby pursuant to a track agreement with that company.

In June 1925, the city council of the chartered city of Bakersfield, which is the defendant and respondent herein, by motion granted a franchise to the Santa Fe Railway Company to “construct, operate and maintain a spur track” in an alley running through Blocks 329 to 334 inclusive of that city. The period of time during which this franchise might be…

2Cases cited19 opinions

  1. Richter v. WalkerCalifornia Supreme Court · 1951
  2. Southern California Gas Co. v. City of Los AngelesCalifornia Supreme Court · 1958
  3. The City of Oakland v. WilliamsCalifornia Supreme Court · 1940
  4. City of San Francisco v. Spring Valley Water WorksCalifornia Supreme Court · 1874
  5. Pry Corp. of America v. LeachCalifornia Court of Appeal · 1960

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3Cited by3 opinions

  1. In the Matter of CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Debtor. Appeal of IOWA DEPARTMENT OF TRANSPORTATIONCourt of Appeals for the Seventh Circuit · 1985
  2. Southern Pacific Pipe Lines, Inc. v. City of Long BeachCalifornia Court of Appeal · 1988
  3. Kittitas County v. Chicago, Milwaukee, St. Paul & Pacific RailroadCourt of Appeals of Washington · 1971

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