Southern Pacific Co. v. City of Madera

The plaintiff sought to recover a judgment against the defendant for certain money paid by plaintiff to redeem street improvement bonds secured by a lien upon its property in the city of Madera. A general demurrer to the complaint was interposed by defendant, but was overruled, and by its answer the defendant admitted all of the allegations of the complaint excepting the allegation that the claim of plaintiff was due, owing, and unpaid. The case coming on for trial was submitted to the court upon the allegations in the complaint, as admitted by defendant in its answer. Judgment was rendered for the defendant, and the plaintiff has appealed. On the oral argument of the appeal counsel for respondent urged the point that the complaint fails to state a cause of action. It appears from the complaint that in 1913, following the presentation of an application by the city of Madera for permission to extend Sixth Street at *Page 654 grade between E and F Streets, across the right of way of the Central Pacific Railway Company in that city, the Railroad Commission granted the applicant permission as prayed for, and by its order provided that the cost of constructing the crossings across the…

In denying the petition for a transfer to this court after decision by the district court of appeal, we withhold approval from that portion of the opinion holding that the complaint does not state a cause of action. The complaint does not allege and no evidence was introduced to show the amount which the plaintiff was entitled to recover from the city, if it be assumed that the agreement between the city and the appellant, confirmed by the order of the Railroad Commission, was valid and binding upon the parties, and entitled the plaintiff to recover some amount from the city under the circumstances alleged in the complaint, consequently the judgment must be affirmed.