Southern California Railway Co. v. Southern Pacific Railroad

Citations

• 5 Cal. Unrep. 288
• 43 P. 1123

Syllabus

<p>Deed—Conveyance Subject to Easement for Street.—After a conveyance in fee of a strip of land known as a certain avenue, subject only to an easement in the public for road purposes, the grantor has no interest therein which he can convey to a subsequent grantee.</p> <p>Railroad—Wrongful Acts in Street.—An Ordinance Granting a Railroad company the right to enter upon and construct a track through a public street does not operate to justify wrongful acts of such company as trespassers prior to the passage of such ordinance.</p> <p>Railroad—Injunction Against Constructing Road.—Where defendant railroad corporation has been perpetually enjoined from entering upon and constructing its road over private lands, such, injunction must be modified so far as it prohibits the exercise of rights subsequently acquired by defendant under right of eminent domain.</p>