Cal. Southern R. R. v. Kimball

Citations

• 61 Cal. 90
• 1882 Cal. LEXIS 547

Syllabus

<p>Eminent Domain—Railroad—City.—In a proceeding to condemn land including certain streets in the City of San Diego for the use of the plaintiff’s railroad, it was objected on demurrer that the complaint did not allege that the authorities of the city had granted plaintiff the right to use the streets in question. Held : The demurrer was properly overruled. Id.—Id.—Id.—Conceding that the streets of a city can not be used by a railroad company until the right to use the same has been granted by the city as prescribed in § 470 of the Civil Code it is not necessary that such grant shall first be obtained in order to maintain an action to condemn the rights of adjacent land owners in such streets.</p> <p>Id.—Value op Property—Constitutional Law.—Section 1249 C. C. P.— which provides that, for the purpose of assessing compensation and damages in cases like this, the right thereto shall he deemed to have accrued at the date of the summons—is not inconsistent with § 14 of Article i. of the Constitution.</p>