Smith v. Ferries & C. H. Railway Co.

In this cause Justice Harrison is disqualified ; and of the other members of the court Justices Garoutte, Van Fleet and McFarland are of the opinion that the judgment should be affirmed, and the Chief Justice and Justices Temple and Henshaw are of the opinion that the judgment should be reversed. The cause has been pending a long time, and repeated consultations have demonstrated that the said differences among the justices are permanent. For this reason, and upon the principle announced in Santa *893 Rosa City R. R. v. Central St. Ry. Co., 112 Cal. 436 , 44 Pac. 733 , Frankel v. Deidesheimer, 93 Cal. 73 , 28 Pac. 794 , and Luco v. De Toro, 88 Cal. 26 , 11 L. R. A. 543, 25 Pac. 983 , it is ordered by the court that the judgment herein appealed from be, and the same is hereby, affirmed.

The views of the several justices are expressed in the following opinions:

The Powell Street Bailway Company was organized December 9, 1886, and the five defendants in this case, who are alleged to be the directors of the defendant corporation, organized that corporation, and constructed and equipped the road. As to the manner the stock of this corporation was manipulated and held the complaint…