O'Connor v. Southern Pacific Railroad

Citations

• 122 Cal. 681
• 55 P. 688
• 1898 Cal. LEXIS 660

Syllabus

<p>Injunction—Railroad in Street—Damage to Abutting Owner—Findings—Presumption upon Appeal.—Upon appeal from a judgment in favor of an abutting owner enjoining the construction of a railroad track along the center of the street in front of his premises, compensation not having been made or tendered for the injury to his property, in the absence of the evidence from the record, if, under any conceivable state of facts, the acts specified in the findings might result in the damage to- plaintiff’s property declared therein, such a state of facts must be assumed to have been shown at the trial.</p> <p>Id.—Question of Fact—Impairing Use of Street.—The appellate eouit cannot say as matter of law that the construction of a railroad eight feet in width along the center of a street seventy-two feet in width, exclusive of the sidewalk, under a municipal ordinance permitting such use, so as to leave thirty-one feet of the street on each side of the track for public use, will leave sufficient room to answer all the legitimate uses to which the street might be put by an abutting owner, the court having found as a fact that he would be damaged by such use and occupation of the street by the railroad. The facts found as to such damage entitle the plaintiff to the remedy by injunction.</p>