Baker v. Southern California Railway Co.

Citations

• 110 Cal. 455
• 42 P. 975
• 1895 Cal. LEXIS 1079

Syllabus

<p>Action in Justice’s Court—Loss of Animals—Neglect of Railway Company to Pence Track—Issue as to Ownership of Land—Appellate Jurisdiction,—The supreme court has appellate jurisdiction of an action brought in the justice’s court to recover the value of domestic animals killed upon the owner’s land by the cars and engine of a railway corporation which has neglected to fence its track, though the animals are of less value than three hundred dollars, if the defendant first filed a verified answer putting in issue the allegation of the complaint as to the ownership of the land, and the case is thereupon certified to the superior court for trial, as one involving the title to real estate; and it appearing that the ownership or possession of the land is a condition precedent to recovery, the fact that the defendant, by his appeal to the supreme court from the judgment of the superior court, or from the order denying a motion for a new trial, raises no question as to the matters giving jurisdiction to the supreme court, is not material to its jurisdiction, and a motion to dismiss the appeal, for want of jurisdiction, must be denied.</p>