Alper

The action was brought to restrain defendants from interfering with plaintiffs' use and enjoyment of certain railroad spur tracks. These spur tracks were connected with and constituted an important part of a large meat packing plant owned and operated by the Union Stock Yard Company, situated at Rodeo, Contra Costa county. Two tracks were built, both running — one easterly and the other westerly — from the buildings of the stockyard company to the main lines of the Southern Pacific Railroad Company. The east track, the only one in controversy here, was constructed some time prior to the other. The land upon which said buildings were located was originally bought by one Wheeler, and there is evidence justifying the inference that Tormey sold to him the right of way for the east spur track. Subsequently Wheeler conveyed all his rights to the said Union Stock Yard Company, which was incorporated in 1890, and Tormey became president of the corporation. As such president, on behalf of said corporation, he executed leases and a mortgage of the corporation's property including "all the buildings . . . and appurtenances now erected or in the process of erection upon said…

After a careful examination of appellants' petition herein for a rehearing of the cause before this *Page 14 court, we see no reason for a modification of the views expressed in the main opinion rendered in said cause. A rehearing is therefore denied. Hart, J., and Chipman, P. J., concurred. A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on January 14, 1908.