Southern Pacific Railroad v. Reed

Citations

• 41 Cal. 256

Syllabus

<p>Taking Portion of a Street for a Eailroad.—The condemnation of land in a street for the use of a railroad company, to enable it to lay and operate its track, gives it no title to the land condemned, nor any interest in it, except a mere easement in common with the general public.</p> <p>Damage eor Laying more than one Bailroad on Street.—If a party dedicates a public street through his land, and a railroad company after-wards procures a condemnation of land along the street for its track, and damages are awarded to him therefor, this is no reason why he should not be awarded further damages, to be paid by another railroad company, which seeks to build another track on the same street.</p> <p>Damages eor Building Bailroad on Street.—If the authorities of a city grant to a railroad company the right to lay its track along a public street, this grant does not preclude the owners of lots along the line of the street from recovering such damage as they sustain thereby.</p> <p>Idem.—A person who owns lots fronting on a street dedicated by himself to the public use, is entitled to damages, if a railroad company lays its track along the street, and by that means obstructs it for the use of teams and vehicles, and if the value of his lots is diminished thereby.</p>