Thompson
Thompson v. Southern California Motor Road Co.
Opinion
Lead Opinion
Belcher, J.
The plaintiffs seek by this action to obtain a decree restraining the defendant from going upon, or in any way interfering with, two lots of land, described as lots 2 and 5, in block 32, in the city of Col-ton, San Bernardino Comity, and to recover damages for past trespasses. The plaintiffs claim ownership of the lots, and the defendant claims a right of way over the same for the operation of its railroad, known as the motor road.
At the trial the defendant, in support of its claim of a *498 right of way over the lots, offered in evidence a deed made by plaintiffs to defendant, with the map attached thereto, marked “ Exhibit A.” ' That part of the deed which describes the property conveyed reads as follows: “A perpetual right of way over and across lots 2 and 5, in block 32, in said city of Colton,.according to the Col-ton Land and Water Company’s survey,, for the purpose of constructing, maintaining, and.operating said motor road, such right of way to be along the line as surveyed and laid out by H. C. Kellogg, civil engineer of said corporation, being a distance in length .of 1,113 feet, more or less, and running in a northerly and southerly direction, a map of which is hereto…