Smith v. Los Angeles & Pacific Railway Co.

— This is an appeal from a final judgment entered in favor of appellant, who was plaintiff in the court below, decreeing the plaintiff to be the owner of certain land, and enjoining defendants from entering upon or interfering therewith.

The cause comes up on the judgment-roll, and the sole question involved relates to the right of appellant to damages in addition to the relief afforded him.

In November, 1866, the Los Angeles and Ostrich Farm Railway Company, a corporation, procured by ordinance of the council of the city of Los Angeles a franchise °to construct a street railroad from point A, near the center of the city, to point *212 C, near its northern boundary. From point A to an intermediate point on the line, which we will designate as point B, the road, when constructed, was to be operated with horse power, aud from B to C by steam power. One M. L. Wicks proposed to the company holding the franchise that on certain conditions to be performed by the company and satisfactory to it, and upon the further condition that parties owning land along the line of the proposed route would pay certain sums of money, he would construct the road. This was agreed to by the land-owners,…