Fresno Street Railroad v. Southern Pacific Railroad

Citations

• 135 Cal. 202

Syllabus

<p>Highway—Bailroad Bight of Way—Fbanohise—Basement—Ejectment.—A railroad right of way over a public highway, based upon an incorporeal franchise or easement granted by the board of supervisors of the county, will not sustain an action of ejectment.</p> <p>Id.—Use of Bight of Way by Another Company—Consent—Acquiescence—Compensation.—A railroad company which has, by its consent or acquiescence, permitted another company to use part of its right of way for a railroad, cannot, after the other railroad has been constructed and operated for a considerable period, maintain ejectment against such other railroad company or its successor in interest; but its remedy is limited to an action to recover compensation therefor.</p> <p>Id.—Acts of Officers—Knowledge'of Bailroad Company—Presumption—Acquiescence.—The railroad company is presumed to know of the acts of its president and other officers in consenting to the construction of another railroad, and where, with such presumed knowledge, it acquiesced in its construction and operation without objection for four years, the company is bound thereby.</p>