Jones v. Los Angeles & P. Ry. Co.

Citations

• 4 Cal. Unrep. 755
• 37 P. 656
• 1894 Cal. LEXIS 1271

Syllabus

<p>Appeal.—Though a General Demurrer to a Complaint was Overruled by consent, defendant may, on appeal from a default judgment after answer, question its sufficiency.</p> <p>Forfeiture.—A Complaint for Forfeiture of a Bight of Way granted on condition of the construction of the road on the line designated, continuous operation of the road when constructed, establishment of stations at points to be designated by plaintiff, and maintenance of the road in good condition, which alleges that the stations were not established, that the road on its completion was not operated continuously or at all, and that it has long since ceased to be operated, and has not been kept in good condition, but has been allowed to become wholly out of repair, and that there has been a total failure to comply with the conditions, sufficiently states, as against a general demurrer, the completion of the road and breaches of the conditions.</p>