Town of Arcata v. Arcata & Mad River Railroad

The defendant was incorporated in July, 1881, for the purpose of constructing and operating a railroad from the northern end of Humboldt Bay to the North Fork of Mad River, on a line passing through *644 Arcata, which is an incorporated town. In due time thereafter the road was constructed. In March, 1885, the defendant applied to plaintiff’s board of trustees for the privilege of constructing and operating a side-track between certain points within the town limits, and an order was made by the board granting to defendant “ the right to lay and maintain a side-track from Dean & Campbell’s switch, across Seventh Street to and down J Street to Tenth Street, to intersect with the said track in Sharp’s field, subject to such rules and conditions as the board of trustees may think proper and just.” Nothing was said in the order as to the time within which the work was to be commenced or completed. The distance between the points named is about four and a half blocks. Two disconnected pieces of track covering a distance of about three and a half blocks were laid in 1885. Nothing further was done until September 10, 1888, when the gap between the two sections was filled, and the switch…