City of Los Angeles v. Los Angeles Pacific Co.

Appeal from interlocutory judgment of condemnation and from an order denying motion for new trial.

This action was brought for the condemnation of a large tract of land within the city of Los Angeles for the purpose of a projected public park, commonly known as " Silver Lake Park.” The action was brought after and pursuant to proceedings by the city council of the city of Los Angeles, which said proceedings were had in accordance with the provisions of the “Park and Playground Act of 1909” (found at page 3066 et seq., Stats. 1909). Included with the land sought to be condemned were certain parcels belonging to appellants herein and designated as parcels 43, 46, 86, 87, 92, 93, and 94; also a certain other parcel of land claimed by the defendant railway company as belonging to it by virtue of dedication to public use and occupied by it for pole line purposes, which parcel is not separately described in the complaint, but is described in the answer and amendment to answer of appellants, and was at the trial of this action designated, for convenience, as parcel 46]4’- Parcels Nos. 86, 87, 92, 93, and 94 stand of record in the name of the Los Angeles Pacific Land Company, but that…