Kennedy v. Minarets & Western Railway Co.

In this action the plaintiff obtained a verdict against the defendant Minarets & Western Railway Company, a corporation, for actual damages in the sum of $8,505, which amount the court thereafter, upon motion, trebled under the provisions of section 3344 of the Political Code and section 3346a of the Civil Code, and thereupon entered judgment. From this judgment the defendant Minarets & Western Railway Company, a corporation, appeals.

The record shows the plaintiff to be the owner of 3,600 acres of land and the lessee of about 600 acres of land situated in the foothills of Madera County, and that the defendant Minarets & Western Railway Company is a corporation and at the time mentioned in the complaint was operating a railroad from a point near Friant, in the county of Fresno, to and extending in a general northeasterly direction into the county of Madera, to a point at or known as Central Camp. That the general course of the line of railroad in the county of Madera was along and near the lands belonging to the plaintiff situate in the county of Madera. That on or about the seventh day of July, 1925, the defendant Minarets & Western Railway Company, by its agents and employees,…