Boca & Loyalton Railroad v. Sierra Valleys Railroad

Citations

• 2 Cal. App. 546

Syllabus

<p>Condemnation of Railway Crossings—Order Granting New Trial— Specified Ground—Review upon Appeal.—Upon an appeal from an order granting a new trial of an action to condemn two railroad crossings in which the only ground specified was error of law in admitting in evidence third amended articles of incorporation of appellant made after the filing of the amended complaint, the limitation in the order does not preclude this court from inquiring as to other grounds and whether the evidence was insufficient to support, the findings where the case does not fall within any exception to the rule concerning such inquiry.</p> <p>Id.—Authority Under First Amended Articles—Amended Complaint—Original not in Record—Rights of Parties to Appeal.— Where the original complaint is not in the record upon appeal, and the appellant’s original articles of incorporation justified no condemnation, but appellant’s first amended articles justified the condemnation of one of the crossings, and were legally established several months previous to the filing of the amended complaint upon which issues were joined, the rights of the parties may be determined upon appeal under the amended complaint and the first amended articles.</p> <p>Id.—Acknowledgment of First Amended Articles—Untenable Objection.—The statute does not require an acknowledgment of amended articles; and where the only objection to the first amended articles of incorporation was that they had the same acknowledgment as the original articles, such objection cannot be sustained.</p> <p>Id.—Main -Line Through Town—East Crossing Condemned on Northerly Branch—Sufficiency of Evidence.—Where the first amended articles of appellant provided for a main line approaching a town northerly on the east side and extending through it westward and for a branch northerly from the town, and a crossing was condemned on the branch road about three-fourths of a mile eastward from the town, the condemnation was supported by evidence that the topography