California Central Railway Co. v. Hooper

Citations

• 76 Cal. 404
• 18 P. 599
• 1888 Cal. LEXIS 903

Syllabus

<p>Eminent Domain — Condemnation of Right of Way fob Railroad— Consolidation of Railroads — Substitution of New Company. — Where a railroad corporation, pending a proceeding instituted by it for the condemnation of land for the use of its road, becomes consolidated with other similar corporations, the new corporation thus created may he substituted in place of the original plaintiff, and thereafter the proceeding may he prosecuted in its name and for its benefit.</p> <p>Id.—Special Issue — Recalling Jury — Discretion.—In such a proceeding, it is not an abuse of discretion for the court to refuse to recall the jury, after they had retired for deliberation, for the purpose of submitting to them a special issue which is embraced within another issue already submitted to them.</p> <p>Id.— Instruction — Review of—Absence of Evidence. — In the absence of the evidence, the relevancy and propriety of an instruction which the court refused to give cannot be reviewed on appeal.</p> <p>Id. — Statement by Court as to Effect of Evidence. — Where the ■ court in its instructions states that evidence has been offered tending to prove a particular fact, it will be presumed, in the absence of the evidence, that its effect was as stated by the court.</p> <p>Id. — Necessity as to Particular Route — Other Route Equally Good. —A particular route, sought to he condemned by a railroad company for the use of its road, is not rendered unnecessary by reason of the existence of another route equally good and convenient both for the property owner and the company.</p> <p>Id.—Description of Route—Sufficiency of.—The complaint in.a proceeding to condemn a right of way for a railroad company must contain a description of each piece of land sought to be taken, and whether the same includes tie whole or only part of an entire tract; and the judgment must be so far certain as that the parties, and any ministerial officer who may be called on to enforce it, may know what land is to be taken and paid f