Great Northern Railway Co. v. Superior Court

The petitioner seeks to prohibit the Superior Court of Modoc County from proceeding to try an action in eminent domain which was instituted by the Tionesta Logging Railway Company to condemn an easement to be used for a crossing of the track of the Great Northern Railway Company. It is asserted the court lacks jurisdiction to try the condemnation suit for the reason that the ■ order of the Railroad Commission was not first procured determining the location and conditions incident to the crossing as required by section 43, subdivision (b), of the Public Utilities Act of California. A motion to dismiss the action on that ground was denied.

The complaint in the condemnation suit alleges the incorporation of the Great Northern Railway Company and that it owns and operates a railroad and necessary equipment for the transportation of passengers and freight in California. The route of this railroad track through Modoc County is described. It is also alleged the Tionesta Logging Railway Company is incorporated and is engaged in a logging and lumber business in the state of California and possesses a right of way for its railway track in Modoc County; that it is desirous of acquiring an…