Robinson v. Pittsburg Railroad

Citations

• 57 Cal. 417

Syllabus

<p>Findings — Ejectment—License.— In ejectment for land occupied by defendant’s railroad and depot, the defendant, in effect, pleaded that it had entered by permission of the plaintiffs, and had paid the plaintiffs for the right of way over land, and for the privilege of maintaining a depot; and that thereupon the plaintiffs had granted to the defendant said right and privilege. The Court did not find on this issue, but in effect found that the plaintiffs had consented to the erection of the depots, and had recognized the land as the property of the defendant, and had waived error in the location of the premises. Held, that this finding was beyond the issue, and that the findings were defective in not finding upon the issue presented.</p>