Stockton & Visalia Railroad v. City of Stockton

Citations

• 51 Cal. 328

Syllabus

<p>Subsidy in Bonds to a Railroad.—If a subsidy in bonds is granted by a city to a railroad company to aid in the construction of a railroad from the city in the direction of another city, the bonds to be delivered when a certain number of miles of railroad are constructed, the company does not forfeit its right to the subsidy by the fact that it purchases and adopts as a part of its line a section of a railroad already constructed on a portion of the route on which the proposed railroad was to be built.</p> <p>Fobmit of a Subsidy gbantud to a Railkoad Company.-—If a subsidy in bonds is granted by a city to a railroad company, to aid in the construction of a railroad from said city through the county in which it lies, up the valley of a river in the direction of a town in another county which lies south of the city, the company does not forfeit the subsidy by the fact that the first few miles of railroad runs east from the city, and then turns south, provided it is built in the valley of the river and in the direction of the town.</p> <p>Duty oe Oeeioee.—If an official duty is to be performed by an officer on the happening of an event, he cannot capriciously refuse to perform it on the plea that he is not satisfied that it has happened. If the fact exists and is established by proof, it is his legal duty to be satisfied and perform the act, and mandamus will lie.</p>