Southern Pacific Railroad v. Southern California Railway Co.

This action is brought to obtain a decree condemning a strip of land twenty-six feet wide in and through Park avenue, Lugonia park, city of Redlands, county of San Bernardino, state of California, for the use of plaintiff as a right of way for a railroad from Redlands Junction to Grafton, all in said county of San Bernardino.

Plaintiff had judgment, from which judgment and from an order denying their motion for a new trial the defendants appeal.

The findings of fact by the court below may be epitomized as follows: Plaintiff is a railroad corporation engaged in building, constructing and operating lines of railroad in the state of California and adjacent states and territories, and owns and operates a main line of railroad extending from San Francisco, in the state of California, to El Paso, in the state of Texas, which passes for many miles through the county of San Bernardino. That it intends to build and has partially built a branch or spur railroad from its main line at Redlands Junction, in said county, running in a northeasterly direction a distance in all of seven and a half miles, passing through the city of Redlands and terminating at Grafton in said county, for the…