Gravelly Ford Canal Co. v. Pope & Talbot Land Co.

This is an appeal from the final judgment of the superior court of Madera County, in .favor of defendant and against plaintiff, and granting a permanent injunction. The parties to the action are the same as in No. 1802, recently decided by this court (ante, p. 556, [178 Pac. , 150]), wherein plaintiff sought to condemn a right of way over defendant’s land under the act of 1911. (Stats. 1911, p. 1407.) In that case the lower court sustained plaintiff’s right to condemn. Upon review we were constrained to reverse the judgment. The purpose for which plaintiff was organized and the necessity for a right of way over defendant’s land were fully set forth in that action and need not be here repeated. It is probable that the learned trial judge, who held plaintiff entitled to condemn a right of way under the act of 1911, granted the injunction prayed for by defend "ut in the present action on its cross-complaint, for the reason that plaintiff should be restricted to its right to condemn. On the other hand, plaintiff believing it had the right to proceed with the work of constructing its canal, did not rely alone upon its action to condemn but went forward with its work on the assumption…