City of San Gabriel v. Pacific Electric Railway Co.

The City of San Gabriel brought this action, under the Acquisition and Improvement Act of 1925”, to condemn, for the widening of Las Tunas Drive, a strip of land 32 feet wide and 5,912 feet long, used by respondent Pacific Electric Railway Company (hereinafter called the company) as part of its right of way for the operation of its interurban electric railway between Los Angeles and San Gabriel. As to 300 feet in length of such strip, appellants owned the fee, subject to an easement in favor of the company. The remaining length was owned in fee by the company. The interlocutory judgment in condemnation awarded, as damages to appellants for the value of their interest in such 300 feet, the sum of one dollar and to the company for the value of its interest in the entire strip, together with improvements thereon, the sum of $43,276, and for compensation, by reason of the necessity of- the relocation and structural changes in the interurban railway tracks and structures, the sum of $97,035. Appellants appeal from the portion of the judgment awarding them one dollar.

Relying upon the particular wording of the .resolution of intention, complaint and interlocutory judgment, appellants…