Carson v. Cent. R.R.

Citations

• 35 Cal. 325

Syllabus

<p>Damage from Building Railroad on Street.—The Legislature may grant the right to lay down and construct a railroad upon public streets without providing for compensation for the damage to the owners of property along the line of such street, provided the owners of the property along the lino of the streets are not the owners of the contiguous land usque ad filurn vice.</p> <p>Liability of Railroad Company for Damage. — If an Act of the Legislature authorizes the laying down in a public street of a railroad, a switch-turnout, and side track, the laying down of the switch-turnout and side track and the use of it is the exorcise of a lawful right, from which no liability for damage for consequential injury arises, unless there is some misconduct or negligence.</p> <p>Proof that Railroad Turnout is a Nuisance.—When a company is authorized by law to construct a railroad in a public street, and necessary switches and turnouts, and the road is built having switches and turnouts, the presumption of law is, that the switches and turnouts are necessary, and one complaining that they are a nuisance has cast upon him the bnrden of proving that they are so.</p> <p>Injury from Building Street Railroad. — The mere consequential disadvantages of a street railroad to a particular locality, and its consequential detriment to property along its line, cannot be the subject of a private action, and such injury must be regarded as damnum absque injuria.</p> <p>Evidence of Damage Sustained by Railroad Turnout.—Where a street railroad company is authorized by law to build necessary switches and turnouts, and constructs them, a plaintiff who sues to abate a turnout as a nuisance cannot introduce evidence of the damage he has sustained until he has first introduced evidence tending to show that the switch and turnout are not necessary.</p> <p>Turnout on Street Railroad.—If an Act of the Legislature grants the right to build a street railroad with the proper and necessary switches and turno