Palmer v. Los Angeles, Ocean Park & Santa Monica Railway Co.

The plaintiff commenced an action against the defendants, the defendants appeared and interposed demurrers, the demurrers were sustained; the plaintiff elected not to amend, and judgment was thereafter entered in favor of the defendants for their costs. Prom that judgment the plaintiff has appealed.

The complaint alleged the incorporation of the corporations ; that on the twenty-seventh day of March, 1903, the plaintiff was the owner of a tract of land near Santa Monica, in the county of Los Angeles, and that the tract was bounded on the south by the Compton and Santa Monica road; that the defendant, Los Angeles, Ocean Park & Santa Monica Bailway Company, was incorporated to build and operate a railroad from Los Angeles to Santa Monica; that on the twenty-seventh day of March, 1903, the said company offered plaintiff that if plaintiff would convey to it a right of way for a railroad across plaintiff’s land fifty feet wide and adjoining the Compton road, the company would i construct an electric railroad between the two places named and would operate cars upon said railroad for the transportation of passengers so that plaintiff could make his home upon said land and maintain an…