Madera Railway Co. v. Raymond Granite Co.

Condemnation of land for right of way.

The complaint alleges the due incorporation of plaintiff under the laws of this state “for the purpose, among other things, of constructing, owning, maintaining and operating a single track railway of a standard gauge, to be operated by steam, for the carrying of passengers and freight thereon and thereover for hire, commencing at ‘ Curtis Station’ situated at the intersection of the branch of the Southern Pacific Railroad known as Knowles Spur, at the crossing of the ‘McLennan road’ in Section No. 22, Township 8 South, Range 19 East, M. D. B. & M.; thence in a southerly direction along said McLennan road to ‘McGowan Station,’ situated about eight hundred feet south of Madera Granite Company’s quarry in the southeast quarter of Section 27,” said township and range. Said complaint describes with particularity the strip of land required, as shown on a map attached to the complaint and is marked “exhibit A,” copy of which is attached to the transcript. The area of land sought to be condemned is sixty-two one-hundredths acres, and “the same does not include the whole but is only a part of an entire tract of land,” and is situated in Madera…