Colusa v. Superior Court of County of Glenn

Good Law
1916 Cal. App. LEXIS 375·31 Cal. App. 746·161 P. 1011
Court of Appeal of CaliforniaOctober 31, 1916Civ. No. 1414.California6,539 words

Opinion

Lead Opinion

Burnett, J.

In the above-entitled cause a rehearing was ordered by this court. The facts may be stated as fol lows: Petitioner is a railroad corporation and, as such, it brought in the superior court of Glenn County a suit in eminent domain to secure a right of way over respondent’s land. With the assistance of a jury, a trial was had on April 26, 1915, which resulted in a verdict awarding plaintiff (petitioner herein) the 12.18 acres sought to be condemned, fixing the value of said land at the sum of $2,801.40, and assessing the damages, by reason of severance to that portion of the land of defendant not taken, at the sum of $14,130, making a total of $16,931.40 damages. Thereafter, on June 2, 1915, the Honorable Wm. M. Pinch, judge of said superior court, made and entered a judgment adopting said verdict and containing the usual formal recitals, and also certain stipulations of the parties as to how the road should be constructed and concluding as follows: “It is further ordered, adjudged, and decreed that upon the payment of the said sum of $2,801.40 and the said sum of $14,130, to wit, the sum of $16,931.40 assessed, the plaintiff shall be entitled to a final order of condemnation which…

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