Pillsbury

The stipulated and admitted facts in. this case are: That plaintiff at all times material to the matters in controversy was a railroad corporation engaged as a common carrier of freight and passengers, and operating a line of railroad from the bay of San Pedro in Los Angeles County, through the city of Long Beach and other portions of the state of California, to the city of Salt Lake in the state of Utah; that said corporation was the owner of certain ground extending through the city of Long Beach which it actually used in the operation of its railroad; that in the year 1910 certain proceedings were had and taken by the common council of the city of Long Beach whereby it was proposed to construct a combined bulkhead and sidewalk within the limits of the municipality under authority given by an act of the legislature (Stats. 1901, p. 34); that by these proceedings an assessment district was established and an assessment attempted to he levied upon the land of plaintiff, and that the defendant, in default of the payment of such assessment, threatened to make sale of the property to satisfy the charge made against it. . The proceedings were all completed during the year 1910, and…

I dissent from the order denying a rehearing.

The cause is decided on the authority of Southern California Ry. Co. v. Workman, 146 Cal. 80 , [2 Ann. Cas. 583, 79 Pac. 586 , 82 Pac. 79 ], and the grounds of my dissent from the present order are fully stated in my dissenting opinion in that case.