People v. Southern Pacific Railroad Co.

The appellant has moved for diminution of the record seeking to have a certified copy of a certain map made a part of the record on appeal by order of this court. The map in question is one filed by the respondent with the United States land office at Washington, D. C., in September, 1872.

In affidavits filed on behalf of the appellant it is stated that during the argument at the close of the trial in this case counsel for the appellant referred to this map as identifying and describing the respondent’s right of way and station reservation in the city of Tulare, and that the same would show that the land sought to be condemned in this action was within such right of way and station reservation, a point which was material to the case; that the appellant requested permission to procure a copy of the map and file the same as an exhibit in the case, which permission was granted by the trial judge; that oral argument was concluded on June 4, 1936, and appellant was given permission to file a brief accompanied by the map to which reference had been made; that a copy of the map was procured and forwarded to the trial judge on July 3, 1936, together with the opening brief; and that…