Lambert

The appeal herein was taken to the district court of appeal of the third appellate district, it being a proceeding in eminent domain. A decision was there rendered upon an opinion by Mr. Justice Hart of that court, affirming the judgment of the superior court. Upon application of the appellant to this court the decision of the district court was vacated and the cause transferred to this court for rehearing. Upon further consideration we are satisfied with the conclusion of the district court that the judgment appealed from should be affirmed. The determination that no cause of forfeiture existed makes it unnecessary, in our opinion, to decide whether or not the statutory forfeiture declared m section 468 of the Civil Code is self-executing. The following passages from the opinion of Justice Hart clearly state the case and the main reasons showing that no cause of forfeiture existed:

Some additional points remain to be noticed. The articles of consolidation and incorporation, constituting the plaintiff’s charter, designate some of the numerous roads comprising its railroad system as “a branch,” and others as “a line of railroad,” and still others as “a branch” from some one of…