San Francisco & San Joaquin Valley Railway v. Gould

Citations

• 122 Cal. 601
• 55 P. 411
• 1898 Cal. LEXIS 640

Syllabus

<p>Eminent Domain—Condemning Right of Way for Railroad—Insufficient Description.—In an action to condemn a right of way for a railroad, the complaint must sufficiently describe each piece of land sought to be taken, so that it may be readily and clearly identified prior to the construction of the road; and where the description in the complaint and in the map accompanying it do not definitely describe or identify the line of the road, or the land sought to be taken, and tne same cannot be accurately determined therefrom by a surveyor, it cannot sustain a judgment of condemnation.</p> <p>Id.—Relative Value of Land Immaterial.—The question whether the appellant may or may not sustain a pecuniary loss, according as the road is constructed upon one line or another across his land, cannot be considered upon appeal from a judgment which does not identify such line, or the piece of land taken from the appellant.</p>