Allen

City of Los Angeles v. Allen

Good Law
1917 Cal. App. LEXIS 509·32 Cal. App. 553·163 P. 697
Court of Appeal of CaliforniaJanuary 22, 1917Civ. No. 1833.California3,871 words

Opinion

Lead Opinion

Conrey, J.

This action was brought by the city of Los Angeles for the condemnation of certain lands for the opening and widening of Sunset Boulevard within described limits, pursuant to proceedings theretofore had under the Street Opening Act of 1903. Part of the land sought to be condemned is a parcel which is owned in fee by Pacific Electric Railway Company, subject to a mortgage interest thereon held by the other appellant, United States Mortgage and Trust Company. The premises to which the controversy refers are a continuous strip of land (with the exception of the intersection of a street crossing), twenty-five feet in width and approximately one thousand one hundred feet in length, upon and over which the defendant Pacific Electric Railway Company maintains and operates an electric interurban railroad for the transportation of passengers and freight. After the issues had been framed, the cause was referred to referees to compute the damages of the respective parties defendant, and those referees, after taking evidence, made their report, to which report exceptions were filed on behalf of the appellants. After receiving evidence concerning the value of the land and the damages to be…

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