Caifornia Navigation Co. v. Union Transportation Co.

The plaintiff and defendant in this case are both corporations, organized under the laws of this state, and engaged in the business of transporting freight and passengers by steamboats between the city and county of San Francisco and the city of Stockton, and intermediate points.

The plaintiff brought this action to obtain an injunction restraining the defendant from making landings upon certain land bordering on the San Joaquin river and receiving therefrom and delivering thereon freight and passengers.

A general demurrer to the complaint was interposed and sustained, and, plaintiff declining to amend, judgment was entered that it take nothing by the action. From that judgment the plaintiff appeals.

It is alleged in the complaint that on November 30, 1896, one A. J. Lars-on was the owner of a tract of land in the county of *642 San Joaquin, containing fifteen hundred and ninety-two and fifty one-hundredths acres, and bounded in part by Black’s slough, by a certain levee canal, and by the San Joaquin river, and that on the day named he contracted with J. D. Peters that he, the said Peters, his heirs, executors, administrators, and assigns, “should have the sole and exclusive…