Coulterville & Yosemite Turnpike Co. v. State

This action was brought under the authority conferred by an act of the legislature, approved March 31, 1891, and is entitled, “An act to enable the Coulterville and Yosemite Turnpike Company, a corporation, to sue the state of California for the loss and damáge suffered and sustained by said corporation by the construction of a road by the Yosemite Turnpike Road Company, under and by virtue of an act of the legislature of the state of California, entitled ‘An act granting the right of way to the Yosemite Turnpike Road Company over the Yosemite grant,’ approved February 17, 1874, and for the relief of said Coulterville and Yosemite Turnpike Company."

The facts stated in the complaint as constituting plaintiff’s cause of action are the same as those recited in the preamble of the act referred to, and are alleged as follows:

The complaint was demurred to generally upon the ground that it did not state facts sufficient to constitute a cause of action, and specially upon other grounds, but which, in the view that we have taken of the case, are not necessary to be considered.

*324 The demurrer was overruled by the court, and thereupon the defendant answered, setting up the following…